[Farmers Protests] Plea filed to reconstitute Supreme Court committee with retired Supreme Court judges, representatives of farmer unions

A plea has been filed before the Supreme Court to remove all the three members who are presently part of the Court appointed committee to initiate talks with protesting farmers.

The plea by Bhartiya Kisan Union Lokshakti (BKUL) filed through advocate AP Singh has prayed for reconstituting the committee by including impartial persons like retired Supreme Court judges and representatives of farmers unions.

The plea has been made in view of the fact that all the present committee members have expressed their support for the Farm Acts through written publications.

The Supreme Court had, on January 12, formed a four-member committee comprising Bhupinder Singh Mann (National President of Bharatiya Kisan Union), Dr. Pramod Kumar Joshi, Ashok Gulati (Agricultural Economist) and Anil Ghanwat (President of Shetkari Sanghatana) to hear the protesting farmers and other stakeholders and submit a report to the Court about the same.

However, Bhupinder Singh Mann had later recused himself from the committee.

The application by BKUL has pointed out that Mann had stated in a publication that farm laws should not be repealed.

BKUL has further submitted that Pramod Kumar Joshi, recently co-authored an article published in the Financial Express on December 15, 2020 which said "any dilution in the farm laws will constrain Indian agriculture to harness emerging global opportunities".

While strongly supporting the merits of the laws, the article said that "farmers are a victim of misinformation in the absence of effective Communication from the government"

On Ashok Gulati, the plea highlights that he had argued in an Indian Express article that the farm laws are in the right direction. He commented that the opposition has been misguided and that the laws will "make Indian agriculture globally competitive, and benefit farmers and consumers alike".

Anil Ghanwat, who heads the Maharashtra based Shetkari Sanghatana had said laws should not be withdrawn in an article published by The Hindu Business Line. Ghanwat expressed the view that the laws have opened up opportunities for the farmers and must be implemented but with some amendments, the applications by BKUL says.

The applicant has, therefore, contended that the three present members continuing in the committee would only lead to violation of principles of natural justice.

"'Nemo judex in causa sua' which means 'No one should be made a judge in his own cause or the rule against bias' and 'Audi alteram partem' which means 'hear the other party or the rule of fair hearing or the rule that no one should be condemned unheard' are the two principles of natural justice, without these two rules we can't predict a fair decision," states the application.

The application has also urged court to dismiss the application filed by Delhi police seeking to injunct the tractor rally slated to be held on Republic Day.