The Supreme Court Bar Association (SCBA) on Tuesday, February 13, 2024, wrote a letter to Chief Justice of India (CJI), DY Chandrachud to take suo motu action against erring farmers for forcibly trying to enter Delhi in a bid to create nuisance and disturb the daily life of citizens.
The association president Adish Aggarwala requested the CJI to issue directions to courts to not pass any adverse order due to the non-presence of lawyers before the courts.
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"I am compelled to write this letter to bring to your kind notice that despite the best efforts of the Government of India to protect the interest of the farmers, some farmers are enroute to Delhi from Uttar Pradesh, Haryana, and Punjab and are gearing up for a large-scale protest in the national capital on February 13," Mr. Aggarwala stated in the letter.
"Earlier, in 2021 and 2022, three Delhi borders with the neighbouring states remained blocked for several months due to a similar protest, causing hardship to the general public. It is also a matter of record that many persons died while trying to come to Delhi for better medical treatment but could not reach Delhi hospitals in time due to road blockades," the letter stated.
"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.
On February 12 night, three Union Ministers held a meeting with the farmers in Chandigarh and the ministers said that a consensus was reached on most issues and a formula was proposed for resolving some other issues through the formation of a Committee, the letter further mentioned. "We are still hopeful that farmer bodies will hold talks. We will try to resolve these issues in the coming days," a statement by the Government said.
‘Protest politically motivated’
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 February 12night'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, Mr. Aggarwala added.
Farmers are protesting over their demands which include "MSP guarantee law" and debt waiver.
