The Supreme Court on Monday said it was for the government to decide whether to allow the farmers’ proposed tractor rally in Delhi on Republic Day, handing a snub to the Centre that had wanted the court to decide the tricky issue.
The court decision to stay out of the matter comes amid mounting criticism of the way it had earlier intervened in the government-farmer dispute by forming a committee of mediators and staying the implementation of the three laws the farmers are protesting against.
The bench, headed by Chief Justice of India S.A. Bobde, appeared mindful of that controversy on Monday, saying its intervention had been “misunderstood”.
On the proposed January 26 “Kisan Parade” by the farmers, who are now massed on Delhi’s borders, it said “who can be allowed and who cannot be allowed” has to be decided by the police.
“Mr Attorney-General, you must understand that intervention of this court has unfortunately been misunderstood. Who will come to the city and who will be allowed is not something for us to see,” Justice Bobde told attorney-general K.K. Venugopal during a brief hearing.
“Invoke all your powers to see whether farmers can be allowed in the city. Who can be allowed and who cannot be allowed are matters of law and order which is to be dealt by police.”
The oral observation came on an application from the Centre for a court direction to prevent the tractor rally on the ground that Khalistanis had infiltrated the farmers’ protest and could disturb peace if the parade was allowed to enter Delhi.
With the farmers’ protest turning into a politically sensitive issue, the Centre has increasingly been keen on firing from the court’s shoulders. A couple of the apex court’s recent decisions have prompted some legal experts to accuse it of overstepping its limits to provide the Centre with just that option.
The court’s move to stay the three contentious laws’ implementation rather than examine their constitutionality has attracted the charge of straying into the legislature’s domain.
Its constitution of a four-member mediation committee has been rejected by the farmers who say they want to talk to the government directly.
The choice of the panel’s four members — all of whom had earlier supported the new farm laws — has fuelled further controversy, which deepened when one of the four resigned “so as to not compromise the interests of Punjab and farmers of the country”.
On Monday, when Venugopal insisted that the court pass an order, Justice Bobde remarked: “We said this last time that entry to Delhi has to be seen by Delhi police…. We cannot be the first authority. Does Union of India need Supreme Court to tell what powers it has under the Police Act?”
“This is an extraordinary situation,” Venugopal persisted, prompting the Chief Justice to say: “But why do you want us to tell what powers you have?”
The court, however, adjourned the matter for further hearing on Wednesday since Justice A.S. Bopanna and V. Ramasubramanian, who had been part of the bench that had passed the earlier orders on the matter, were absent on Monday. Justices L. Nageswara Rao and Vineet Saran were filling in for them.
Justice Bobde said the regular bench would hear the matter on Wednesday.