SC slams 'branding people you don't want as biased', Lobby's aspersions on farm laws panel

While hearing a batch of pleas on the contentious farm laws and the ongoing farmers protest that has entered Day 57 on Wednesday, the Supreme Court pulled up the farmers' lawyers and others for branding the Court-appointed committee members as 'biased'. It also issued notice for filling the seat that has become vacant on the committee for ending the deadlock between farmers and Union government. On Wednesday, the Centre also withdrawn its plea seeking an injunction against proposed tractor rally by farmers on January 26 after the top court said that it is a matter of Delhi Police. 

A three-judge SC bench comprising Chief Justice SA Bobde, Justice AS Bopanna, and Justice V Ramasubramanian issued notice for the vacant place in the 4-member committee after BKU chief BS Mann recused himself. Pulling up senior advocates Prashant Bhushan and Dushyant Dave for criticism of the SC-appointed panel, the CJI said that unnecessary aspersions on the Committee members and branding of people are not appreciated by the Top Court.

CJI Bobde observed, "The basis of your application is that all four people are disqualified. How do you come to that conclusion? They are brilliant minds in the field of agriculture. They are experts. How do you malign them because they have expressed some views in the past? Every judge and lawyer has expressed some views in past and is doing something different now. We don't understand this. The Supreme Court appoints a committee and its reputation is torn to shreds!"

CJI Bobde continued, "Aspersions are cast unnecessarily. Expressing opinions in a different context doesn't mean disqualification. BS Mann asked for modifications of laws. Branding people like this, we don't appreciate it. Even judges express views during the hearing. That doesn't mean they can't decide. The committee has not been given powers to adjudicate. The committee was asked to listen to protesters and give us a report. Where is the question of bias in that?"

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Clarifying further, the CJI said, "This Court had appointed an expert committee in the field of agriculture. The purpose of the appointment was clear to listen to the grievances of parties affected by the impugned laws with reference to provisions enacted therein. Adjudicatory powers have not been conferred on the committee. Committees roles is to hear affected parties by Farm Act and make a report to the court. Bhupinder Singh Mann of the Kisan Coordination Committee has resigned. This has resulted in a vacancy. Dushyant Dave and Prashant Bhushan stated that since the unions represented by them have decided not to participate in the deliberations of any committee, they have nothing to say on this application."

On AG's statement that the tractor rally will pose a threat to peace in the national capital, the top Court told Advocate 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. 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."

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