What are you protesting for when farm laws not in force? Supreme Court asks farmers’ body

'What is the validity of these protests?' the bench asked

The Supreme Court on Monday decided to examine a larger constitutional issue if there can be an absolute right to protest by the farmers against the three agriculture laws, when the statutes have already been stayed by the top court.

Attorney General K K Venugopal submitted the court should make it clear that the farmers cannot continue the protests so that unfortunate incidents like one happened on Sunday at Lakhimpur Kheri can be avoided. As many as eight people, including four farmers, died in the violence at Lakhimpur Kheri.

"Nobody takes any responsibility when loss of lives and properties take place," a bench presided over by Justice A K Khanwilkar said.

Read | Lakhimpur violence: FIR against MoS Ajay Mishra's son, others

Taking up a plea by 'Kisan Mahapanchayat' for permission to hold 'Satyagrah', the bench asked, "There is nothing to be implemented. What are the farmers' protesting about?"

"No one other than the court can decide the validity of the farm laws. When that is so, and when farmers are in court challenging the laws, why protest on street?" the bench asked.

The top court put these questions to advocate Ajay Choudhary, appearing for the farmers body, seeking permission to hold 'Satyagrah' at Jantar Mantar against the three farm laws.

"When you have already filed a petition before a court challenging the Act or action of the executive, how can you then protest? Who are you protesting against? How can the executive allow these protests? What is the validity of these protests?" the bench further asked him.

The counsel, for his part, said debate, dialogue and protest can simultaneously go on in such matters.

"We are on principle, once you go to court and challenge executive action, how can the same party say, that matter is before court, nevertheless I will still protest," the bench said.

"Why protest when the law is not in force at all? And the court has kept the laws in abeyance. Law is made by Parliament, not government," the bench further said.

The counsel said a petition has already been filed before the Rajasthan High Court against the laws.

"It is still intriguing, there is no Act in place at the moment. The act has been stayed by the court. The government has assured they won’t give effect to it, protest is for what?" the bench asked again.

The bench said it would transfer the pending matter from Rajasthan High Court to the top court and decide the validity of the protest.

It asked the Centre to file its response and put the matter for consideration on October 21.

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