Farmers’ protest: Chandrachud notes traffic difficulties; SC Bar Association requests CJI to intervene suo motu

In a letter to Chief Justice of India (CJI) DY Chandrachud on Tuesday, Adish Aggarwala, President of the Supreme Court Bar Association (SCBA), urged the CJI to act suo motu against the farmers who were trying to forcefully enter Delhi, creating disruption and annoyance to the people.

Furthermore, he petitioned CJI Chandrachud to direct the courts to refrain from rendering any unfavorable decisions as a result of the lack of attorneys present during court sessions.

Taking notice of the traffic gridlock in the NCR and acknowledging the farmers’ protest on Tuesday, CJI promised to make accommodations for the attorneys. “We will make adjustments if any lawyer finds it difficult to travel as a result of the Farmers’ Protest.”

“I am compelled to write this letter to bring to your kind notice that some farmers are en route to Delhi from Uttar Pradesh, Haryana, and Punjab and are gearing up for a large-scale protest in the national capital on February 13,” Aggarwal wrote in the letter. This is in spite of the Government of India’s best efforts to protect the interest of the farmers.

The farmers’ demands include, among other things, the reinstatement of the Land Acquisition Act 2013, withdrawal from the World Trade Organization, pensions for farmers and farm laborers, forgiveness of farm debts, justice for the victims of the Lakhimpur Kheri violence, pensions for farmers and farm laborers, pensions for both, and a legal guarantee for the minimum support price (MSP).

The earliest farmers’ demonstrations in 2021–2022 were also discussed in the letter. The statement said, “The public suffered as a result of the similar protest that blocked three Delhi borders with neighboring states in 2021 and 2022 for several months.” It is also well known that several people lost their lives while attempting to go to Delhi for better medical care but were unable to do it in time because of traffic congestion.

The Delhi, Haryana, and Uttar Pradesh Police have increased security at the borders of Singhu, Ghazipur, and Tikri in response to today’s farmers’ protest. They have also put up roadblocks and nails to prevent trucks carrying protestors from entering Delhi. The letter further said that “large containers are being placed on the roads by cranes and earthmovers to impede their free passage into the Union Capital.”

“It is suspected that this protest is politically motivated ahead of the forthcoming Parliament election,” Aggarwala said in his letter.

If the farmers have a right to their demands, they shouldn’t bother the broader public. The letter said that now is the right time for the Honorable Supreme Court to act independently and make sure that these farmers don’t disturb the peace or create major trouble.

“Common citizens’ right to live their lives without interference should not be impeded by their right to protest,” it said.

During a meeting with the farmers in Chandigarh last night, three Union Ministers said that most concerns had been reached to a compromise. In addition, as stated in the letter, they offered a plan to handle any outstanding issues by forming a Committee.

“We continue to hope that discussions will be held by agricultural bodies. We intend to address these concerns in the next days,” the administration stated in a statement.

The SCBA letter went on to say that the leaders of the farmers have decided to travel to Delhi in order to cause inconvenience to the people of multiple states, including Delhi, Haryana, Punjab, Uttar Pradesh, Rajasthan, Uttarakhand, Jammu and Kashmir, and Himachal Pradesh, after rejecting the Government of India’s offer during the recent talks. The letter advises them to demonstrate in their own hometowns if they are determined to do so.

Aggarwala also said that due to the existing circumstances, attending court sessions would be very difficult for attorneys, not just for those practicing in the Supreme Court but also for those in the Delhi High Court, several Commissions, Tribunals, and District Courts.

“Until there are obstacles in the free movement of the public on Delhi borders due to farmers’ agitation,” he stated, “I request Your Lordship to issue requisite instructions to all concerned not to pass any “adverse orders due to non-appearance in any case” listed before the above-mentioned courts.”

“I further request Your Lordship to take suo motu action against the erring farmers for their forced entry into Delhi in an attempt to create nuisance and disturb the daily life of citizens,” said Aggarwala in closing.