The Supreme Court on Wednesday made the Centre withdraw its application seeking a stay on the proposed tractor rally by farmers on January 26 after the Republic Day parade, saying “we consider it improper for us to allow or disallow any rally”.

“You (the government) are the executive. You have authority to take whatever action through police. You have powers to act on law and order, we won’t intervene,” Chief Justice of India S.A. Bobde told attorney-general K.K. Venugopal and solicitor-general Tushar Mehta, appearing for the Union government.

“It is highly inappropriate for the court to act as a first authority to allow or disallow protesters. We can allow you to withdraw the application. You are the executive and have the power to look into this. It’s an issue of law and order and of the police,” the CJI said.

The court was dealing with an application filed by Delhi police, which reports to the Centre, seeking a stay on the proposed rally, claiming that Khalistani elements had infiltrated the protests and would create large-scale disturbance during the Republic Day parade.

The bench, also having Justices A.S. Bopanna and V. Ramasubramanian, also turned down Mehta’s request that the court allow the Delhi police application till January 25, review the situation and thereafter pass an order.

Finally, the government withdrew the application.

Bhushan assurance

Informed by senior lawyers Dushyant Dave and Prashant Bhushan, representing eight farmer unions, that the unions were not willing to appear before the court-appointed committee on the three laws, the Chief Justice said: “Please see what solution can be found. In this case, just saying not appearing before the committee will not help. You have to counsel the parties to bring about peace.”

Bhushan: “Yes I have advised them there should be peace. The farmers’ unions say they don’t want any amendments now. They want only repeal. They say no discussions was held on the farm bills.”

CJI Bobde: “In a democracy, other than repeal, the court can set aside a law and the court is seized of this. The law is not in force at the moment.”

Bhushan: “They are trying to put democratic pressure. They fear that if they get up and go away since the laws are not in force, then later if courts come to the conclusion that the laws are constitutional and interim orders are withdrawn, then what happens. That’s why they are apprehensive.” (The Supreme Court had earlier passed an interim order putting the farm laws on hold.)

CJI Bobde: “If we uphold the farmers’ bills, then you can start the agitation. But peace has to be maintained.”

Bhushan: “Farmers only want to celebrate Republic Day on the Outer Ring Road. No attempt to destroy peace (will be made).”

CJI Bobde: “See that your clients assure the citizens of Delhi complete peace.”

The CJI later asked the attorney-general and Bhushan to ensure peace in the capital.

The court will take up the matter again after eight weeks.