Litigation News

Farm laws Stayed and Supreme Court forms 4-Member Committee: LIVE UPDATES from the hearing

Yesterday, the Supreme Court expressed its inclination to stay the implementation of the farm laws in hopes that this would help in brokering peace between protestors and the Government.
Farm Laws, Supreme Court
Farm Laws, Supreme Court

The Supreme Court is hearing the challenges made to the validity of the recently enacted Farm Acts. Also before the Supreme Court are petitions challenging the ongoing farmers' protests in reaction to the controversial laws.

Yesterday, the Supreme Court expressed its inclination to stay the implementation of the controversial laws in hopes that this would help broker peace between the Government and the protestors, who may air their grievances before a court-appointed Committee.

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In response to the Supreme Court's oral criticism against the Centre over its failure to settle the protests, an affidavit was also filed yesterday asserting that the Farm laws were a result of two decades of deliberation and that "wrong perception created by non-farmer elements" about the laws needs to be cleared.

The Bench of CJI SA Bobde and Justices AS Bopanna and V Ramasubramnian is hearing the matter.

Live updates from the hearings today feature on this page.

Supreme Court Bench begins to hear the Farm Laws matter.

Advocate ML Sharma: A fact about Farmers could not be placed

CJI: you are not a farmer no

Sharma: Farmers called me. They will NOT appear before any committee

Advocate ML Sharma: BJP Unions are saying they support the law but we want only repeal. Till today PM Modi did not assure that they will withdraw farm laws

Sharma: If we get into a contract under this law then our land can be sold. This is jugglery and a master mind plan. Corporate houses can declare farm products faultily and to pay damages they have to sell their land

CJI: While we are passing an order, we will pass an interim order that NO land will be sold for Contract entered under this Act (New Farm Legislation)

ML Sharma: I am fine with it but will farmers be okay with it.

Farmers are not capable to fight. Farmers are committing suicide.

CJI: We are not seized with matters of life and death. We are hearing the validity of farm laws. We are trying to solve the problem in accordance with law.

CJI: One option is to suspend the legislation but it cannot be an empty suspension.

We have the power to form a committee that will submit a report to us.

CJI SA Bobde: All of you who are genuinely interested to solve the problem then you have to go before the committee.

The committee is NOT going to punish you.

CJI: You will go to the committee through a lawyer. We were told yesterday that there are 400 farmer organizations. When you say Farmers don't want this, then is it all Farmers?

CJI: I know there are as many opinions as many farmers. We need the opinion of farmer unions. We are making a committee for this!

ML Sharma: You are a living God (to CJI)

CJI: Members of bar have to show some loyalty to the judicial process. You cannot reject the process if it does not suit you.

You will have to cooperate with us and accordingly speak to the client. You cannot tell us negative without telling your clients something positive.

CJI: We are making a committee to understand the ground situation

ML Sharma : I have suggested names like Justice JS Khehar, Justice GS Singhvi, Justice Agarwal etc

CJI SA Bobde: Mr Dushyant Dave said that his clients are not planning a tractor rally. He said clients will appear before the Committee since they appeared before government.

CJI: I appreciate the support I am receiving from the members of the bar.

All that needs to be seen which part needs to be deleted from the law and which should stay.. that is why a committee is needed

CJIL Centre has a vested interest in law and you want repeal.

Now only a knowledgeable and sensible person should tell us what is complaint on ground

Advocate ML Sharma: they also complain about PM Modi is not addressing them

CJI: We cannot ask PM anything, he is not a party before us. PM's second official is here in this case. He will speak now.

SG Mehta: Agricultural Minister is speaking..

CJI to AG KK Venugopal: Some farmers have told ML Sharma that Prime Minister should address the farmers

Attorney General: If you believe a committee can solve the issue...

Supreme Court: this committee is part of the judicial process in this case.

Advocate Wilson: We are with you My Lord. I appear for Tiruchi Shiva challenging the validity of the act. The law was passed hurriedly without hearing the Members of Parliament

CJI: AG said South India is fine

Wilson: Vijaywada is burning. There are rallies going on. What AG said is not correct. I can show photos.

CJI: We are willing to suspend the law but not indefinitely. We want you to submit before the committee.

We don't negative inputs like ML Sharma

Advocate for Confederation of Indian Traders: We are 6 crore merchants. Traders are also stakeholders. We need to be there in the committee.

CJI : You don't have to be there in the committee. You can present yourself before them.

Advocate AP Singh representing a few Farmer Unions: Kisan Unions want the president of different unions to be there in the committee.

They don't want to come before the committee because it's an issue with the government. Farmers organizations need to be taken into confidence.

CJI: We are recording your statement that your unions will NOT present themselves before the committee.

Singh: I am ready to give all facts before the court. Old citizens, children and women are participating in the protest.

Advocate Sukumar: I am appearing for Bharatiya Kisan Party. I welcome the order and think that the committee is important. But there is confusion that it's a mediating committee

SC: Who said it's mediation?

Sukumar: We will present ourselves before the committee.

Senior Advocate Harish Salve: Committee will help in objective report before the court.

It's a coincidence that Mr Dave, Mr Phoolka and Mr Gonsalves are not present in hearing today.

CJI: Yes, where are they?

Salve: Staying the implementation of the law should not be seen as a political victory.

It should be seen as a serious examination of concerns expressed over the legislations.

It should bring tempers down and bring confidence in people

Salve: Mr Sharma gave a very negative picture. It's concerning that Mr Dave and others are not appearing

CJI: That's okay we have heard them yesterday

Salve: Solicitor-General Tushar Mehta has submitted an application to ensure Republic day goes on unblemished.

It is a matter of public record that Sikhs for Justice will be there. They fund the Khalistan movement.

CJI: Where is that record?

SG: Is there in that application filed?

Salve: While passing an order it has to be made clear that its not a victory for anyone. It has to be made clear that some misgivings in the law will be cleared

CJI: It's a victory for a sense of Fairplay

Salve: Government has said MSP will not be dismantled

Salve: Lands will also not be sold...

Sharma: Let committee decide, why are you saying anything

CJI: Please be calm, Mr Sharma

Senior Advocate Vikas Singh for Reepal Kansal with regard to Right to protest & guidelines therein. Protesters need to get a proper place to protest. Place without visibility, the purpose of the protest is lost.

CJI: Which place can be said?

Singh: Everyone is saying Ramlila Maidan which has been the place for protests since independence. Even the boat club can be assigned for the purpose.

CJI: Has any farmer unions approached Commissioner Delhi police for permission to hold protest in Ramlila Maidan?

Singh: They are not being allowed to enter Delhi

CJI: I expect a better argument. How does not allowing prevent you from making an application?

CJI: People who want to hold a rally they also have to make an application. Then the police impose conditions upon them. Rally had to be held as per conditions or else its cancelled.

So we are asking any application been filed?

Senior Advocate PS Narasimha: I have nothing to add after Mr Salve argued. Whole basis of this hearing seems to be the protest.

But there are unions who support it too. Such protests can be very dangerous.

Senior Advocate PS Narasimha: Sikhs for Justice are collecting money too so that protests can be funded.

CJI: Where is the application?

Narasimha: It's there.

CJI: (Nikalna) take it out (to staff)

CJI: Mr Attorney General on page 6 an allegation has been made against a banned organisation which is trying to fund the protest..

Can you confirm or deny this?

AG Venugopal: We have been informed that there is a Khalistani infiltration in the protests.

Kerala, Karnataka has huge support for the laws.

AG: There is high security on January 26. Entry into city is carefully monitored. Once they are allowed in the city, we don't know where all they will they be going. Which all place they will go to agitate?

CJI: It is within your powers to allow some people and check if they are armed or unarmed. Details are for you to see. CJI: File an affidavit by tomorrow confirming this then. We will pass orders today only.

CJI: If there is an infiltration of Khalistani people then will you confirm this?

AG: I confirm this.

CJI: File an affidavit by tomorrow confirming this then. We will pass orders today only.

CJI: Entry into city is a decision of the police. We will not interfere in this.

AG: Farmers have maintained that tractor rally will take place. Hence, we filed an injunction application.

CJI: We will issue notice on the application by Delhi Police regarding the injunction application. Serve the parties.

CJI: We are not aiming to adhere to everyone's wishes of a committee. We will form the ideal committee.

Senior Advocate Wilson: Court needs to frame the terms of reference for the committee and give enough publicity for the committee

Bharatiya Kisan Sangh and Bharatiya Agroeconomic Research unit states they are open to present themselves before the committee. Says we are the largest

CJI: How many are there ?

Lawyer: Over 10,000

CJI: That's not largest

Consortium of Indian Farmers Association appears: We are a registered society.

CJI: How many farmers you represent?

Sridhar Potaraju: It's a Consortium of few crores of farmers. Spread across 15 states. Deals with fruits and oil.

Sridhar Potaraju: We are anxious that if law is stayed, we will be badly affected

Kisan Mahapanchayat states that they support the committee and that the validity of the laws has been challenged. "We support the stay of the implementation."

Solicitor-General Tushar Mehta: On the first day that some other interests have also joined the protest. They think land will be taken away. Half farmers are being misled. Let me take you to the provision...

Adv ML Sharma: Why are you arguing?

SG: Section 8 says no farming agreement shall be entered into mortgage, sale land. That's why farmers should not fear loss of land, agreement is only for the crop. There is dispute resolution mechanism too...

SG: No action for recovery of amount will be initiated against the agricultural land.

Sharma: You are wrong. You are misleading the court. If you recover the compensation then its from land only. They have nothing else

SG: Mr Sharma knows nothing

ORDER: We are going to STAY THE IMPLEMENTATION of the three farmer acts. Stay till Further Orders

Members of the Supreme Court Ordered Committee: 1) Bhupinder Singh Mann, President BKU 2) Dr Pramod KumarJoshi, International policy head 3) Ashok Gulati, Agricultural Economist 4) Anil Dhanvat, Shivkeri Sangathna, Maharashtra

Supreme Court of India
Live updates
Farmers Acts
Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020
Farm Acts
Farmer Protests

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