Public ways should not be occupied for protests, reiterates SC

Reiterating its October 2020 judgment pertaining to protests against the Citizenship Amendment Act in Delhi which led to blocking of public ways, the Supreme Court on Thursday said “roads are not to be occupied, wherever else the agitation may go on

Reiterating its October 2020 judgment pertaining to protests against the Citizenship Amendment Act in Delhi which led to blocking of public ways, the Supreme Court on Thursday said “roads are not to be occupied, wherever else the agitation may go on.”

The apex court had on October 4 issued notice to 43 farmer unions on an interim application filed by the Haryana government seeking their impleadment in the case. (iStock)

The apex court bench headed by justice Sanjay Kishan Kaul is hearing a petition seeking unblocking of highways leading to the national capital by farmers protesting against the Centre’s three agri-marketing laws.

A three-member bench also headed by justice Kaul had on October 7, 2020 observed in a case pertaining to blocking of roads by Shaheen Bagh protesters that such kind of occupation of public ways, whether at the site in question or anywhere else for protests is not acceptable and the administration ought to take action to keep the areas clear of encroachments and obstructions.

Appearing for the farmer bodies, senior counsel Dushyant Dave said it is the manner of arranging of security which is causing obstruction on the road.

“Senior counsel Dushyant Dave also seeks to suggest that prevention of their passage to Ramlila Maidan is what is causing blockage at the site. However, at this stage, when we dictate this order, it is stated that he does not want to state in respect of the former as he is yet to receive a copy of the petition and application, and will place his stand on records by filing an affidavit,” the court said.

The apex court had on October 4 issued notice to 43 farmer unions on an interim application filed by the Haryana government seeking their impleadment in the case. The farm unions sought to be made a party to the case are steering the protest over the enactment of the three agri-marketing laws and squatting at the doorstep of the national capital.

The SC on Thursday said notices have been served but only four farmer bodies were represented before them.

The apex court, while hearing a petition which sought unblocking of the highways leading to the national capital, had on August 23 said the central, Haryana and UP governments must co-ordinate to ensure that the inter-state roads and national highways do not remain blocked due to farmers’ protest.

However, when the protesting farmers did not turn up for talks on September 19, the state government moved an application to make them respondents in the case.