Farmers have right to protest but they can't block roads indefinitely: SC

The Supreme Court on Thursday said that the farmers — who have been opposing the three agriculture reforms laws — have a right to protest even though the matter was sub judice, but can't block roads indefinitely.

Taking up a petition seeking a removal of the road blockade, a bench presided over by Justice Sanjay Kishan Kaul said, "We are not against the protest, even when the legal challenge is still pending (before this court), but roads cannot be blocked, like this, indefinitely."

The court had previously made similar observations that roads could not stay occupied perpetually.

This was however in contrast to what another bench led by Justice A M Khanwilkar had said on October 1. It had then orally said once farmers had approached the court, they cannot continue their protests. It was then dealing with a plea filed by 'Kisan Mahapanchayat' for permission to hold 'Satyagrah' at Jantar Mantar here.

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On Thursday, the bench, also comprising Justice M M Sundresh was hearing a petition filed by a Noida resident, Monicca Agarwaal who sought the top court's directions to the government to remove protesters at the borders, as it causes a lot of inconveniences to the people travelling to and fro Delhi for various purposes.

She also relied upon the top court’s judgement in the Shaheen Bagh case, which held that one can't hold protest at a public place indefinitely.

During the course of the hearing, senior advocate Dushyant Dave, appearing for one of the farmer unions, contended that it was the police and not the protesting farmers there who have blocked the roads. He said permission must be granted to farmers to organise their protests at Ramlila Maidan here. He also cited a January 12 order by a three-judge bench which while staying implementation of the three farm laws had said the farmers can continue their protests peacefully. He also asked the court to refer the matter to a three-judge bench.

The bench, however, said, "The law is clear. You have a right to agitate but the roads cannot be blocked like this. Why the blockage has taken place? How has it taken place? The matter has to be resolved."

Solicitor General Tushar Mehta contended that the Republic Day incident took place despite the farmer unions giving an undertaking that there would be no violence during the tractor rally on January 26.

He also said only a few of the farmer unions have appeared before the court.

"The law has already been laid down. There's nothing more to be laid down. You can tell them (agitating farmers) that their cooperation will help in resolving the issue," the bench said.

The court asked farmer unions, including Samyukta Kishan Morcha (SKM), to file their detailed responses within three weeks. It posted the matter for further hearing on December 7.

On October 4, the court had issued notice to 43 leaders of various farmer organisations, including Rakesh Tikait, and Yogendra Yadav, who have been protesting the three farm laws, at the Delhi-NCR border since November 2020.

The court had sought a response from the leaders on an application by the Haryana government.

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