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New Delhi: How highways can be blocked forever, the Supreme Court on Thursday wondered, referring to road blockades by farmers protesting at Delhi’s borders against three agricultural laws passed last year and said the law laid down by the court should be followed. It is the duty of the executive to enforce.
The top court allowed the Center to file a formal application to make farmers’ unions a party to a plea seeking opening of the road blockade on the Delhi-Uttar Pradesh border at the UP Gate here.
A bench of Justices Sanjay Kishan Kaul and MM Sundaresh said, “Problems can be resolved through judicial forum, agitation or parliamentary debate. But how can highways be closed and it is happening forever. Where is it? ends?
The top court was hearing a plea by Noida resident Monika Agarwal, who sought lifting of the blockade, saying that earlier it used to take 20 minutes to reach Delhi and now it is taking more than two hours and the people of the area are facing difficulties due to the protest. is facing. UP Gate on Delhi Border.
The bench initially asked Additional Solicitor General KM Natraj what the government was doing in the matter.
Natraj said that he had a meeting with the protesting farmers and the details have been given in the affidavit.
“We can make laws but how to implement the law is your job,” the bench said. Court cannot enforce it. It is the executive who has to implement it.
Solicitor General Tushar Mehta said that it is the duty of the executive to implement it.
“When we make a law, you will say it is an encroachment and we have encroached upon the jurisdiction of the executive,” the bench said. There are implications but there are also complaints that need to be addressed. This cannot be a permanent problem.
Mehta said that when it is invited, it will not be encroached upon.
He said a three-member committee was constituted at the highest level to resolve the grievances, but the farmers whose representatives were invited refused to participate in the discussion.
Mehta said that the court should allow the petitioner to make the farmers’ union a party to the petition, so that later they do not say that they have not been made a party in the matter.
The bench told Mehta that it is he who has to make an application to make the farmers representative as the petitioner, a private person may not know who their leader is.
If you think someone wants to party, you have to make a request. You make a formal application giving details about the steps taken for resolution of their grievances and how the help of farmers’ representatives will help in resolving the dispute, the bench said while listing the petition for hearing on October 4.
Mehta said they would file the application by Friday.
Read also: UP government hike in sugarcane prices insufficient, a ‘big joke’ with farmers: Rakesh Tikait
The apex court had on August 23 said that the Center and the neighboring states of Delhi should find a solution to the road blockade at the borders of the national capital due to farmers’ protests.
It had told the Center why the government is unable to find a solution to the problem as farmers have a right to protest but the inflow and outflow of traffic cannot be obstructed due to further protests at designated places.
The top court had said that this would also affect toll collection as vehicles would not be able to pass through due to the jam.
It had then ordered, the solution lies in the hands of the Union of India and the respective State Governments. They have to coordinate to find a solution that when there is a protest, the roads are not blocked and the traffic is not obstructed to cause inconvenience to the common people.
The Solicitor General had said that if the court is ready to pass certain orders, then the two farmers’ unions can be made parties and they can give their names.
The top court had said that tomorrow two more unions will come forward and say that they represent the farmers and this will continue.
The apex court had on March 26 issued notices to Uttar Pradesh and Haryana on the petition.
The Uttar Pradesh government, in its affidavit, has said that continuous efforts are being made to lift the blockade on the Delhi-UP border and at present there are around 141 tents and 31 langars around the area and the protesters have set up a stage on the flyover. A media house has also been built under the flyover from where the leaders give speeches.
Similarly, the Haryana government also told the apex court that the protesters, who had been ‘dharna’ along the Singhu border, have been camping in the nearly 6 km long lanes of NH-44 since November 27 last year.
The farmers are protesting the passage of three laws- Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Essential Commodities (Amendment) Act, 2020 and Farmers (Empowerment and Protection) on Price Assurance and Agricultural Services Act, 2020 a settlement.
Initially, the protest started from Punjab in November last year and later spread to Delhi, Haryana and Uttar Pradesh and some other parts of the country.
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