SC upset with farmers’ blockade of highways

| | New Delhi
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SC upset with farmers’ blockade of highways

Friday, 01 October 2021 | PNS | New Delhi

Implement laws to clear traffic, court tells Govt

The Supreme Court on Thursday expressed displeasure over the prolonged blockade of highways in connection with the farmers’ protest and told the Governments that it is their duty to implement the related law to clear the traffic.

The apex court was hearing petitions to remove the road blockades in the Delhi borders. “The redressal of problems can be through the judicial forum, agitation or through Parliamentary debates. But how can the highways be blocked and this is happening perpetually. Where does this end?” asked the bench of Justices Sanjay Kishan Kaul and MM Sundresh.

The top court allowed the Centre to file a formal application to make farmer unions party to the plea seeking opening of road blockade at Delhi-Uttar Pradesh border at UP Gate here.

The court was hearing a plea of a NOIDA resident Monicca Agrawaal, who has sought removal of blockade saying earlier it took 20 minutes to reach Delhi and now it is taking over two hours and people of the area are facing hardship due to protests at the UP Gate on Delhi border. At the outset, the bench asked Additional Solicitor General KM Nataraj what the Centre is doing in the matter.

Nataraj said they had convened a meeting with the protesting farmers and details have been mentioned in the affidavit.

The bench said, “We may lay down a law but how to implement the law is your business. The court cannot implement it. It is the executive who has to implement it.”

Solicitor General Tushar Mehta said it is the duty of the executive to implement it.

The bench said, “When we lay down the law, you will say it is encroachment and we trespassed into the domain of the executive. This has ramifications but there are also grievances that need to be addressed. This cannot be a perpetual problem.”

Mehta said when it is invited then it will not be encroached upon. 

He said at the highest level a three-member committee was formed to address the grievances but the farmers’ representatives who were invited refused to join in the discussions.

Mehta said the court should allow the petitioner to make the farmers union party to the petition so that later they don’t say that they were not made parties in the matter.

The bench told Mehta that he will have to move an application for making farmers a representative party as the petitioner, a private individual may not know who their leaders are.

“If you feel that someone is to be made a party, you will have to make a request. You move a formal application giving details about the steps taken to resolve their grievances and how the impleadment of representatives of farmers will help in the resolution of the dispute”, the bench said, while listing the plea for hearing on October 4.

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