Preventing instigation important: CJI in 1st observation on farmers' tractor riot in Delhi

In its first response on the violence that happened during the tractor march of farmers on January 26, Chief Justice of India SA Bobde, on Thursday, said that preventing instigation is an important part of maintaining law and order. As he began Court's proceedings, he referred to the January 26 violence while hearing a case related to Markaz incident last year and observed that Government had to shut down the Internet in the national capital on Republic Day to prevent instigation.

CJI said, "The Government shut down Internet network on January 26 due to the agitation that happened. Preventing instigation is an important part of maintaining law and order."

Soon after, the CJI-led bench heard a writ petition by Congress MP from Kerala, TN Prathapan challenging various provisions of the three farm laws. The CJI asked the petitioner if he is a farmer to which Prathapan responded by saying that he is an MP and a farmer too. The CJI further asked him if he wants the existing system to continue? To this, Prathapan responded - "We want MSPs to continue." CJI Bobde came down heavily on the petitioner and asked, "Show us the provision which withdraws MSP." The CJI-led bench then issued notice on the same and posted the matter with other petitions regarding farm laws. 

Prathapan, who represents the Thrissur Lok Sabha constituency in Kerala, had argued in the petition that the Farmers’ (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020 violated the right to equality (Article 14), prohibition of discrimination (Article 15) and right to life and liberty (Article 21) of the Indian Constitution. He added that the laws were “liable to be struck down as unconstitutional, illegal and void”. He also said that the Agricultural Produce Market Committee or APMC Model Act was created to protect the farmers from exploitation by intermediaries and to build a common market to sell produce and it ensured Minimum Support Price to the farmers.

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Farmers breach Red fort after R-day parade

The protesting farmers on January 26 entered the national capital from three routes emanating from the Singhu border, the Tikri border and the Ghazipur border, as Delhi Police gave their nod for a peaceful protest. However, despite Samyukt Kisan Morcha's assurance and Delhi Police's conditions for the tractor march, violence broke out as the farmers entered Delhi. The protesting farmers with their tractors broke the barricades and cemented barriers at Delhi’s Mukarba Chowk, prompting Delhi Police to use tear gas shells against them.

The situation quickly devolved to a point where the police were outnumbered, and farmers overran Delhi, with a group of them breaching Red Fort's ramparts and planting their flag atop its podium. One of the protesters breached the Red Fort and unfurled a saffron flag and a yellow flag bearing the holy Sikh symbol atop the dome of the Fort. One protestor died, with some groups alleging that he died because of a bullet fired by Police. However, Delhi Police released a CCTV footage later which showed that the protester died after a tractor upturned as it ran over barricades. Delhi Police said that over 300 police personnel were injured. 

In a crackdown on the violence, Delhi Police has booked prominent farmers' leaders and issued notices to at least 20 farmer leaders including Yogendra Yadav, Baldev Singh Sirsa, Balbir S Rajewal for breaching the agreement with police regarding the tractor rally. They have been asked to reply within 3 days. Deep Sindhu who allegedly led a group to plant flag atop Red Fort, and gangster-turned activist Lakka Sadana have been booked for violence at Red Fort. 

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