Tractor rally by farmers on Republic Day: ‘At liberty to invoke all powers under law,’ SC tells govt

The Supreme Court on Monday told the Delhi Police that it is the 'first authority' to decide whether protesting farmers can be granted entry into the national capital or not.

The observation was made by the Chief Justice of India while hearing an application filed by the Delhi Police seeking for an injunction against the tractor rally proposed to be carried out by farmers in Delhi on the Republic Day to show their protest against the contentious farm laws.

"The question of entry into Delhi is a law and order situation that is to be determined by the police. We have told the AG and SG before that whether who should be allowed and who should not be allowed and the number of people who can enter are all matters of law and order to be dealt with the by the police. We are not the first authority. You are at liberty to invoke all powers under the law," CJI SA Bobde told the Attorney General, as per a report carried by Live Law.

At this juncture, the Attorney General requested the Court to pass an order to that effect saying "it will strengthen our hands".

CJI asked the AG: "Does the Union of India want the court to say that you have powers under law?

The AG replied, "We are facing an unprecedented situation".

He also told that the Court can pass such an order as the entire issue has been taken up by the court. In reply, the CJI clarified that the Court has not taken up the entire issue and is dealing with only the aspect of protests.

"The intervention of the court has been misunderstood", the CJI commented.

The Application filed by Delhi Police stated that it has come to the knowledge of security agencies that "a small group of protesting individuals/organisations have planned to carry out a tractor/trolley/vehicle march on Republic Day" and that the march is "slated to disturb and disrupt" the parade as well as create a law and order situation, thereby causing embarrassment to the nation.

Highlighting that right to protest is subject to the countervailing public order and public interest, the Delhi Police submitted that the right cannot include "maligning the nation globally". Noting that the Supreme Court is seized of the issues pertaining to the constitutionality of the Farm Acts and the Farmers' protests, the Application sought for the Top Court to pass an injunction restraining such protest march scheduled on Republic Day.

The Supreme Court had issued notice on the petition on January 12. During the course of hearing today, the CJI remarked that he need not tell the Union of India that it has powers under law to tackle the situation.

The CJI said that the matter will be heard day after tomorrow as a different bench composition was present today. Justices L Nageswara Rao and Vineet Saran were sitting along with the CJI on Monday. Justice AS Bopanna and V Ramasubramanian were the puisne judges in the bench which passed the order on January 12 on farmers protests.

The matter was accordingly adjourned till day after tomorrow, i.e. January 20.

As reported by National Herald, farmers’ unions protesting against the Centre's farms laws on Sunday said on Sunday that they will go ahead with their proposed tractor parade in Delhi on Republic Day.

Addressing a press conference at the Singhu border protest site, union leader Yogendra Yadav had said, "We will carry out a tractor parade on the Outer Ring Road in Delhi on Republic Day. The parade will be very peaceful. There will be no disruption of the Republic Day parade. The farmers will put up the national flag on their tractors."