(S.A. Bobde, C.J. and A.S. Bopanna and V. Ramasubramanian, JJ.)
Rakesh Vaishnav and Others ________________________ Petitioner(s);
v.
Union of India and Others _________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 1118/2020, decided on December 17, 2020
(IA No. 98868/2020 – Ex-Parte Ad-Interim Relief)
With
W.P.(C) No. 1152/2020 (PIL-W) W.P.(C) No. 1168/2020 (PIL-W) W.P.(C) No. 1165/2020 (PIL-W) (For Admission) W.P.(C) No. 1174/2020 (PIL-W) (For Ex-Parte Stay on IA 103591/2020 For Permission to File Additional Documents/Facts/Annexures on IA 107119/2020) W.P.(C) No. 1404 of 2020 (For Admission) W.P.(C) No. 1406 of 2020 W.P.(C) No. 1421 of 2020 (For Admission and Permission to Appear and Argue in Person) W.P.(C) No. 1441/2020 (For Admission and Permission to File Additional Documents/Facts/Annexures)
Writ Petition(s) (Civil) No(s). 1118/2020; IA No. 98868/2020; W.P.(C) No. 1152/2020 (PIL-W); W.P.(C) No. 1168/2020 (PIL-W); W.P.(C) No. 1165/2020 (PIL-W); W.P.(C) No. 1174/2020 (PIL-W); IA 103591/2020; IA 107119/2020; W.P.(C) No. 1404 of 2020; W.P.(C) No. 1406 of 2020; W.P.(C) No. 1421 of 2020; and W.P.(C) No. 1441/2020
The Order of the court was delivered by
Order
W.P.(C) Nos. 1404/2020, 1406/2020, 1421/2020 and 1441/2020
1. While issuing notice to the respondents on 16.12.2020, the petitioners were allowed to serve copies of these petitions upon the impleaded farmers’ Associations and these matters were directed to be posted today to enable the Court to hear the farmers who are agitating at the Borders of National Capital Region of Delhi. However, none of the impleaded respondents-farmers’ assocations have appeared today though the petitioners claim to have informed them over their respective mobile/whatsapp numbers. However, the Bharatiya Kisan Union (Bhanu Group) appeared through Mr. A.P. Singh, leanred counsel.
2. The preliminary issue before this Court is the claim of the citizens who are the residents of NCT of Delhi/Haryana, having a population of more than two million people, that the manner in which the protest is being carried on is seriously inhibiting the supply of essential goods to the city because of restrictions on the free movement of goods vehicles. According to the petitioners, this will result in a sharp increase in the prices of goods which would be difficult for people to bear in these times of Pandemic.
3. Mr. P. Chidambaram, learned senior counsel appearing for the State of Punjab, submits that the State of Punjab welcomes the constitution of the aforesaid committee to resolve the present dispute between the farmers and the Government of India.
4. The contention on behalf of the petiitoners is that no fundamental right is absolute and it would be necessary for the Court to determine the contours of the right of free speech and expression involved in the farmers’ protest and the extent to which this right can be exercised consistently with the rights of other citizens.
5. According to the respondents, the roads are blocked by the police in order to prevent the entries of the protesters/farmers to the city of Delhi.
6. We clarify that this Court will not interfere with the protest in question. Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order. There can certainly be no impediment in the exercise of such rights as long as it is non-violent and does not result in damage to the life and properties of other citizens and is in accordance with law.
7. We are of the view at this stage that the farmers’ protest should be allowed to continue without impediment and without any breach of peace either by the protesters or the police.
8. We are informed that the protest is mainly directed against the three laws viz., (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, (2) Esstential Commodities (Amendment) Act, 2020 and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, enacted by the Parliament recently. The writ petitions challenging the said laws have been filed before this Court and will be decided in due course.
9. In order to bring about an effective solution to the present stalemate between the protesters and the Government of India, we consider it appropriate in the interests of justice to constitute a Committee comprising of independent and impartial persons including experts in the field of Agriculture for the purpose. This may not be possible without hearing all the necessary parties. Till the parties come before us, it would be advisable to obtain suggestions about the constitution of the said Committee from all the parties which may be submitted by them on the date of next hearing in the matter.
10. List these matters after the ensuing winter vacation with liberty to move the Vacation Bench if necessary, after service is complete.
11. In the meantime, the petitioners are given liberty to serve the unserved respondents/impleaded farmers.
12. The pendency of these matters will not prevent the parties from resolving the issue amicably.
W.P.(C) Nos. 1118/2020, 1152/2020, 1174/2020, 1168/2020 & 1165/2020
13. List these matters in due course.
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