Thread by @barandbench

#SupremeCourt to hear a plea by Kisan Mahapanchayat seeking space for protesters at Jantar Mantar for organizing Satyagraha and direction to the Centre to not to stop the Petitioners member farmers from proceeding towards Jantar Mantar to carry out indefinite Satyagraha

Matter to commence shortly. Kisan Mahapanchayat has filed an affidavit in Supreme Court stating they are not past of the protests near the Delhi border.
#supremecourt #farmersprotest

Matter starts

#supremecourt #farmersprotest

Adv Ajay Chaudhary: copy served to Attorney General

AG KK Venugopal appears on screen

#supremecourt #farmersprotest

Chaudhary: Kisan Mahapanchayat is neither a part of protesters at Delhi border or has cause any permanent or temporary blockage of traffic, we departed ways from other bodies after January 26 incident

#supremecourt #farmersprotest

AG: we have issue two circulars..

SC: Once the party approaches the court challenging the validity of the act, after that what is question of protests. once you have come to court you have exercised your option. plea has been filed in rajasthan high court

SC: Person who has challenged executive action or legislation then why should executive allow the protests even if permissible?

AG: You are correct. they have chosen this forum and if the act is struck down then their cause is met

SC: We will transfer your plea in Rajasthan high cour to here and hear the case..once you challenge the executive action then matter is sub judice. then how can you protest? protest against whom??,

SC: Only courts can decide the validity of the executive action.

Chaudhary: In Rajasthan HC we had challenged validity of a act on the basis of a constitutional provision

SC: there is no act at the moment, it is stayed at the moment, protest for what??

SC: We will transfer the Rajasthan matter here and hear both the cases together. You have challenged the validity of the act, we can decide the validity itself. but what is the question of protests?

Chaudhary: our protests are not limited only to the enactments it is also for in a positive manner that MSP should be included which is a long-standing demand.

SC: Show us your request to the authority on why you want to protest?

SC: When you have challenged the law then why you should be allow to protest. you have to decide whether to come to court, to parliament or streets

Chaudhary: its a concerted effort, the issues need to be addressed

SC: We will transfer the plea from Rajasthan HC and decide validity of the three acts

SC: We have to decide the legal question on when you have approached courts then how can you protest on the same issue.

SC: No one takes responsibility on damage to properties and assets

SG Tushar Mehta: when the matter is before highest constitutional court then what protest?

SC: Which law is there? law is not there.. it is stayed at the time being

AG: Till the validity is decided protests cannot continue

SC: They say there are not part of the protests but they want to protest at jantar mantar

AG: A lot of unfortunate incidents take place during these protests

#supremecourt

SC: We have Ld AG wh graciously appeared pursuant to a request made by this court. we deem it appropriate to examine the principle issue as to whether right to protest is an absolute right

SC: more so the petitioner having invoked the legal remedy by approaching the constitutional court should be permitted to or have resort to protest against the matter which is Subjudice.

SC: since plea is pending before rajasthan HC, we direct the same plea to be transferred to this court and hear this plea together with it. we direct registry to summon case details from HC and transfer the case so that both petitions can be heard on Oct 21.

SC: Respondents to file a reply. open to Union of India to file a consolidated reply to both the petitions. we make it clear that plea will proceed for hearing on scheduled date
#supremecourt