A letter has been submitted by the Supreme Court Bar Association to Chief Justice DY Chandrachud, requesting intervention and the initiation of suo moto action against the farmers.
The “Farmers Delhi Chalo Protest,” primarily advocating for a law on Minimum Support Price (MSP) for crops, has commenced with participants from nearly 200 unions traveling from Punjab, Haryana, and Uttar Pradesh to New Delhi. In response to this, the Haryana government has enforced Section 144 in Panchkula and other districts, along with a three-day prohibition on internet, dongle, and bulk SMS services. Section 144 has also been implemented across Delhi, with closed borders adjoining other states and issued traffic advisories. Despite these governmental measures, extensive traffic congestion persists. Observing the apparent inconvenience to the general public, the President of the Supreme Court Bar Association has penned a letter to Chief Justice DY Chandrachud, urging him to intervene and take suo moto action in response to the farmers’ protests.
The President of the Supreme Court Bar Association (SCBA), Adish Aggarwala, penned a letter on Tuesday to Chief Justice of India (CJI) DY Chandrachud, urging him to initiate suo moto action against farmers who are attempting to forcibly enter Delhi, aiming to disrupt the daily lives of citizens. Aggarwala also appealed to CJI Chandrachud to instruct the courts not to issue any adverse orders in the absence of lawyers before the courts.
In his letter, Adish Aggarwala, President of the Supreme Court Bar Association, expressed concern about the upcoming large-scale protest in Delhi by farmers from Uttar Pradesh, Haryana, and Punjab, scheduled for February 13. Aggarwala highlighted the government’s efforts to safeguard farmers’ interests but pointed out the potential disruptions and hardships caused by similar protests in 2021 and 2022, where Delhi borders were blocked for months, adversely affecting the general public. The letter also emphasized instances of individuals facing obstacles in reaching Delhi for medical treatment, resulting in fatalities due to road blockades during those protests.
“In light of today’s farmers’ protest, Delhi, Haryana and Uttar Pradesh Police have heightened security at the Singhu, Ghazipur, and Tikri borders, setting up nails and road barricades to deter vehicles transporting protesters from entering Delhi. Additionally, cranes and earthmovers are being employed to place large containers on the roads to obstruct their free passage into the Union Capital,” it added.
‘Right To Protest Shouldn’t Impede Common Citizens’ Right To Lead Their Lives Without Any Problem’
The letter further stated, “It is suspected that this protest is politically motivated ahead of the forthcoming Parliament election. Even if the farmers have genuine demands, they don’t have the right to put the general public into hardship. This is the right time when the Hon’ble Supreme Court should act suo motu and ensure that these farmers don’t create any nuisance and cause huge inconvenience to the general public,” it added.
“Their right to protest should not be allowed to impede the common citizens’ right to lead their lives without any problem,” the letter said. By not accepting the offer of the Government of India, suggested at last night’s talks, the so-called leaders of the farmers have decided to move to Delhi only to create problems for the people of Delhi, Haryana, Punjab, Uttar Pradesh, Rajasthan, Uttarakhand, Jammu and Kashmir and Himachal Pradesh. If they are still adamant about protesting, they should protest in their native places, the SCBA letter said.
Needless to say, in these circumstances, our lawyers, not only those who practice in the Supreme Court but also those who practice in the Delhi High Court, different Commissions and Tribunals and the District Courts, will be facing huge challenges to attend court proceedings, he added. “I request Your Lordship to issue requisite instructions to all concerned not to pass any “adverse orders due to non-appearance in any matter” listed before the above-mentioned courts till there are obstacles in free movement of the public on Delhi borders due to farmers’ agitation,” stated Adish Aggarwala in the letter.
I further request Your Lordship to take suo motu action against the erring farmers for forcibly trying to enter Delhi in a bid to create nuisance and disturb the daily life of citizens, Aggarwala added.
There has been no update on the reaction of Chief Justice of India (CJI) on the letter. The Protest has begun and farmers have started moving towards Delhi and as said by them, they do not intend to disturb anyone and will proceed ‘peacefully’.
