Thread by @barandbench

Supreme Court bench led by CJI SA Bobde to hear a batch of petitions regarding the #FarmersProtests issue. #SupremeCourt had appointed a 4 member committee to resolve stalemate over the #FarmActs. One out 4 has recused.
#FarmLaws

Hearing begins
#FarmersProtests
#FarmActs
#SupremeCourt

Attorney General KK Venugopal: We had moved an application in the last hearing.

Solicitor-General: Please consider having this hearing on January 25

Supreme Court: It is highly inappropriate for the court to act as a first authority to allow or disallow protesters. We can allow you to withdraw the application. You are the executive and have the power to look into this. Its an issue of law and order and of the police

Adv AP Singh: I appear for Bhartiya Kisan Union Lokshakti. We are law abiding farmers. The principle of natural justice be violated by appointing these people as the #FarmersCommittee members.

CJI: we are not on this. we allow AG to withdraw his application

Adv for Kisan Mahapanchayat, Ajay Choudhary appears

CJI: you rejected the Constitution of the committee a day before, it was Mr Dave's client who rejected it. The committee was formed the next day after it was rejected.

SG: can we please see the names of the committee Mr Dushyant Dave is appearing for?

CJI: Show us the names

SG: we just want to be sure so that we know , sometimes you are there and sometimes you are not there

Senior Adv Dave: we are only there when we are invited. It was highly inappropriate for you to appear in the case in our absence.

Adv Prashant Bhushan reads the names of the 8 unions: BKU unit if Sidhupur, Rajewal, Rajesh Tikait, Jagdish...

.@pbhushan1 : we are only representing 8 farmer unions.

Senior Adv Dave: Kisan Mahapanchayat is not a protesting farmer unions. How are they here?

Adv Choudhary:we are there in Rajasthan. Not Punjab or Haryana My impleadment application was allowed in Bhartiya Kisan Party plea

Adv Prashant Bhushan: our clients have stated that they will not take part in the committee

CJI: you were not there when we passed orders. Mr Dave wanted to keep the matter later so that instructions were taken

Senior Adv Dave: the case was kept for orders not hearing.

Dave: We were not given time to seek instructions. There were orders...that is not correct. I have got the entire argument sheet from @barandbench @LiveLawIndia and other places.

CJI: you were expected to appear. This is not proper. Don't aggravate the situation.

CJI: when the matter was on board you have to appear. For orders you don't have to appear. This is something new! We are not interested in this any further

Dave: There was genuine understanding on our part. You are usually happy to appear i don't know why you were unhappy then

CJI: Would you be interested to be impleaded in Kisan Mahapanchayat plea

Bhushan: No my lord. Our unions will not appear before any committee.

Adv Choudhary: We seek for the number of members to be increased in the committee. All the 4 members have already expressed their opinion about the laws. The persons sitting in committee should have open minds and they must be equal

CJI: you people unthinkingly cast aspersions on people. BS Mann had called for amendments in the law. You cannot brand people like this. People should have opinion. What people should have no opinion ? Even judges express opinion.

CJI: Everyone argues before a judge as if he is arguing on a cleans slate. Branding people has become a cultural thing now. Committee was not given any adjudicatory power. We are not addressing farmers, we are talking to counsel who should know how members are appointed

CJI: somebody has expressed an opinion so you think there is bias. If you don't want to appear then don't appear. But don't brand people and malign them and on top of that you cast aspersions on the court. We had told Mr Salve that its not for court to entertain this

CJI: we only intervened for the common interest of the people. Public opinion is important but not determinative for the court. If you generate public opinion that malign someone then court should not fall into that. You play with peoples reputation without regard to anything

CJI: we have serious reservations that committee members were called names. They were called names and then said we had an interest in that. You malign people according to majority opinion. I am disappointed to see what has been reported in the press.

Adv Choudhary: we filed the application after reading press reports

CJI: we are not blaming you personally. You are appearing for a Kisan Panchayat and you want reconstitution. But how can you cast aspersions on the committee members.

CJI: They are the most brilliant people in agriculture today. You just malign them for some opinion expressed in past.

CJI: Every judge on a case now had expressed a different opinion at some point of time. In this body politic havent you seen opinions change when contrary points are heard. #SupremeCourt has appointed someone and you shred their reputation.

CJI issues notice in the application filed by Kisan Mahapanchayat. Asks Attorney General KK Venugopal to respond.

Senior Adv Harish Salve: In all humility i submit that this impression that you have passed this order to appease one section needs to be set aside. There needs to be judicial order. Newspapers create public opinion and does not reflect public opinion.

CJI: we have conferred no adjudication powers to the committee

Salve: Once you make it clear that the committee is part of judicial process and then after someone writes any nonsense then I will be moving contempt

CJI: this Court had appointed an expert committee in the field of agriculture. The purpose of appointment was clear to listen to the grievances of parties affected by the impugned laws with reference to provisions enacted therein. Adjudicatory powers has not been conferred...

CJI:.... on the committee. Committees roles is to hear affected parties by #FarmActs and make a report to the court. Bhupinder Singh Mann of the Kisan Coordination Committee has resigned. This has resulted in a vacancy

CJI: An application has been filed to fill the vacancy. Notice issued. @pbhushan1 states that unions represented by him does not wish to represent before any #farmerscommittee so they have nothing to say here.

CJI to Prashant Bhushan: Please see what solution can be found. In this case just saying not appearing before the committee will not help. You have to counsel the parties to bring about peace

Bhushan: Yes I have advised them there should be peace

CJI: resolution?

Adv Bhushan: The farmers unions say they don't want any amendments now. They want only repeal. They say no discussions was held on #FarmBills

CJI: in a democracy other than repeal, the court can set aside a law and court is seized off this. The law is not in force at the moment

Bhushan: They are trying to put democratic pressure. They fear that if they get up and go away since laws are not in force then later if courts come to the conclusion that laws are constitutional and interim orders are withdrawn then what happens. That's why they are apprehensive

CJI: if we uphold the #FarmersBill then you can start the agitation. But peace has to be maintained.

@pbhushan1 : Farmers only want to celebrate republic day on outer ring road. No attempt to destroy peace.

CJI: see that your clients assured the citizens of Delhi complete peace. As a court we are only expressing our anxiety.

AG Venugopal: 5,000 tractors are coming inside the city. They will go all around the city.

CJI: ask the authorities and Bhushan client on how it can be peaceful. These are matters purely in the Executive domain

CJI: We trust Mr Bhushans statement that there will be peace

AG: But in Haryana, the CM meeting was disrupted by farmers

CJI: nothing else now.

[Farmers Protests] "Branding people has become a cultural thing now", Supreme Court on criticism against court-appointed committee members

#FarmersProtest #SupremeCourt

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