SC Upholds Farmers' Right to Protest, Urges Central and Punjab Govt to Involve Neutral Mediators for Resolution

SC Upholds Farmers' Right to Protest, Urges Central and Punjab Govt to Involve Neutral Mediators for Resolution

On Friday, the Supreme Court affirmed that protesting farmers have the right to express their grievances, and emphasized that both the Central and Punjab governments must involve impartial individuals to address their demands.

The division bench comprising, Justices Surya Kant and R. Mahadevan were reviewing a petition from the Haryana government, which contested the recent order from the Punjab and Haryana High Court to reopen the Shambhu border—an essential link between Punjab and Haryana. The Haryana government had previously closed the border to prevent protesters from moving towards Delhi.

"In a democratic setup, see they have right to voice their grievances," Justice Kant said during the hearing.

However, the Court also noted that efforts should be made to persuade the farmers not to bring certain types of equipment, such as tractors or JCBs, to the protests. At this point, Solicitor General Tushar Mehta stated, "Protesting farmers cannot be permitted to simply proceed to the capital."

"Please have a dialogue. Finalise the names (of committee members). There are some very good personalities. Sometimes there may be mind block because you have sent a political person, so think of neutral persons. And both of you suggesting will inspire more confidence among the farmers. Judges are not experts but there may be some former judges with agricultural background (smiles). Some professors, researchers of prominent universities. Try to resolve," it said.

Last month, the Court had urged the government to make efforts to engage with the farmers who were planning another march to Delhi to press their demands. It directed the Solicitor General to obtain instructions on forming an independent committee to address the situation and suggested that the states of Punjab and Haryana could propose candidates for this committee.
 
Today, Solicitor General Tushar Mehta requested additional time to finalize the names.
 
The Court recommended that the names should be proposed by both the Central and State governments. It granted more time for this process and scheduled the next hearing for August 12.
 
"It is pointed out that some modalities are being worked out to implement last order. We have suggested proposal of common names for the committee. They have assured that by the next date such as exercise will be undertaken. Post on August 12, interim arrangements to continue," it ordered.
 
Advocate General Gurminder Singh represented the Punjab government in the proceedings.
 
 
 
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