Previous views no ground to disqualify committee members: SC

The Supreme Court on Tuesday said that if a person expresses views on a subject, it should not become a ground for disqualification from nomination to a committee to examine the matter.

"Just because a person has expressed a view on the matter, that is not a ground for disqualification from membership of a committee," Chief Justice of India S A Bobde said.

The CJI, presiding over a bench, made the oral observations while hearing a suo motu case on steps to expedite criminal trial.

The observation has become significant as Bhupinder Singh Mann, the national president of Bharatiya Kisan Union, last week recused himself from the court-appointed four-member committee to hear grievances of farmers agitating against the farm laws.

On Tuesday, the bench, comprising Justices L Nageswara Rao and Vineet Saran, was told by a senior advocate that he may be excluded from being an amicus curiae in the pleas supporting continuation of virtual hearing. He said that he had already expressed his opinion favouring virtual hearing instead of physical hearing.

To this, the bench said, “Generally, there is a peculiar lack of comprehension about constitution of a committee.”

The Chief Justice clarified that his remarks are a general observation and only in context of the matter at hand.

"We are talking of a general misunderstanding. Committee members are not judges. They can change their views," the CJI said.

On January 12, the top court stayed the implementation of the three farm laws until further orders, and constituted a committee comprising Bhupinder Singh Mann, Pramod Kumar Joshi, Ashok Gulati and Anil Ghanwant.

The farmers unions objected to the composition of the court-appointed committee saying its members have expressed their opinion in favour of the farm laws. Thousands of farmers are protesting against the three farm laws since November end at various Delhi borders. The farmer unions have also declined to appear before this committee.