The Supreme Court on Monday refused to consider a plea by the Union government against proposed tractor rally on January 26 by the farmers protesting against three farm laws, saying it was for the Delhi police to decide who was to be allowed entry to the national capital and on what conditions.
A bench presided over by Chief Justice S A Bobde said the question of entry into Delhi was a law and order issue and it was for Delhi Police to decide if protesters can enter the city.
Attorney General K K Venugopal said this is an extraordinary situation. "Why do you want us to tell what powers you have?" the bench asked him. "Intervention of the court has been strongly misunderstood. Who will come in the city and who will be allowed will not be seen by us," the bench added.
The court further told Venugopal that the police can invoke all their powers to decide whether farmers can be allowed in the city.
Solicitor General Tushar Mehta submitted that there were issues to address in the matter. The court, however, reiterated Delhi Police was the only authority to decide the matter and not the Supreme Court.
On a request by the law officers, the court put the matter for consideration on Wednesday.
On January 12, while staying the implementation of the three laws, the court had formed the committee also comprising, B S Mann, national president of Bhartiya Kisan Union, Parmod Kumar Joshi, agricultural economist, Director for South Asia, International Food Policy Research Institute, Ashok Gulati, agricultural economist and former Chairman of the Commission for Agricultural Costs and Prices; and Anil Ghanwat, President, Shetkari Sanghatana. However, Mann recused from the panel, formed to resolve the impasse created due to ongoing farmers protest at Delhi borders against the three farm laws.
The farmers declined to appear before the committee saying the all the members had already taken a public stance in favour of new enactments. They continued to demand repeal of laws, even after several rounds of negotiations with the Union ministers.
On January 12, the court had issued notice to the farmers' unions on Delhi police application to injunct farmers from taking out tractors rally to "disrupt" Republic Day function here.
The police said the proposed rally will damage the pride of nation worldwide, and the right to protest did not mean a right to malign the nation.