[Shambhu Border Row] “Farmers Have Right to Protest; Cannot Bring Tractors or JCB’s to Capital”: Supreme Court

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Justice Surya Kant today, during the hearing, affirmed the farmers’ right to protest within a democratic framework but also recommended that they avoid bringing tractors or JCBs.

NEW DELHI: On Friday (2nd Aug): The Supreme Court emphasized that protesting farmers have the right to express their grievances, and both the Central and Punjab Governments should appoint neutral individuals to address their demands.

This decision came during the hearing of the Haryana Government’s challenge against the Punjab and Haryana High Court’s order to reopen the Shambhu border, which connects Punjab and Haryana. The border had been closed by Haryana to prevent protesters from moving toward Delhi.

Justice Surya Kant, during the hearing, affirmed the farmers’ right to protest within a democratic framework but also recommended that they avoid bringing tractors or JCBs.

The Supreme Court on 24th July, suggested forming an independent committee composed of eminent persons to engage with the protesting farmers and seek a resolution to their demands. A three-judge bench, led by Justice Surya Kant, highlighted the necessity for a “neutral umpire” to bridge the trust gap between the farmers and the government.

Solicitor General Tushar Mehta argued against allowing protesters to approach the capital.

The Haryana Government had closed the border to stop protesters from heading towards Delhi.

Justice Kant remarked,

“In a democratic system, they have the right to express their grievances.”

However, the Court also advised that farmers should be encouraged not to bring tractors or JCBs.

Solicitor General Tushar Mehta stated,

“We cannot allow protesting farmers to simply advance to the capital.”

The Court reiterated its suggestion to initiate dialogue with the farmers through a committee, advising the inclusion of neutral and credible figures such as former judges with agricultural expertise or professors from notable universities.

It had previously directed the government to reach out to the farmers and consider forming an independent committee.

The Court granted additional time for finalizing the committee members and scheduled the next hearing for August 12.

It noted that some procedural details are being worked out and interim arrangements will remain in place until then. Advocate General Gurminder Singh represented the Punjab Government.

The Supreme Court on 24th July, suggested forming an independent committee composed of eminent persons to engage with the protesting farmers and seek a resolution to their demands.

Previously, on June 10, the Punjab and Haryana High Court had directed the Haryana Government to reopen the Shambhu border within one week. This border, which connects Punjab and Haryana, had been blocked by protesting farmers and subsequently closed by the Haryana government.

On July 10, the Haryana government appealed to the Supreme Court against the high court’s order, arguing that the directive was given despite the state’s “categorical submission” regarding potential “law and order issues.”

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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