Supreme Court Bench headed by CJI SA Bobde will shortly consider today a batch of PILs seeking removal of farmers protesting at Delhi borders against farm laws.

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Solicitor-General Tushar Mehta submits that he has received a message from Sr. Adv. Harish Salve to be unmuted.

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CJI: Why are you commenting on the Courtmaster ? We are asking is Mr. Salve appearing in the matter.

SG: I just received a message.

CJI: We don’t have any information of him appearing.

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Adv. Dushyant Tiwari begins submissions: You have already passed a judgement in the Amit Sahni case (Shaheen Bagh judgement). Please look at Para 19.

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SG once again requests the Court to unmute Salve.

Courtmaster informs CJI that no AOR has informed of Salve’s appearance.

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There seems to be confusion pertaining to Salve’s appearance as the Courtmaster states that no information regarding his appearance has been given for the current matters.

Tiwari continues his submissions.
Tiwari: Petitioner is not a farmer, he’s a law student.

CJI: This is such an important matter. Why can’t you argue it properly ? We are asking, what is your standing, your issues and your prayer.

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SG interrupts the proceeding: I apologise. Mr. Salve has sent another message, seeking to assist in the current matter. He says that he has a similar case.

CJI: Please don’t interrupt us, there’s no case of Salve before us.
CJI: If there is any case, we will hear him. But, he has no case before us.

Om Prakash Parihar makes submissions now.

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Parihar compares the situation in Shaheen Bagh and the Farmer’s protests.

CJI: How many people had blocked the road there ? Will the number of people not determine this ? Who will take responsibility ? There can be no precedent in law and order situation.
Adv. Reepak Kansal now appears.

CJI asks the Petitioners if the organisations have been added. Parihar responds that there is no information of the organisations.

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CJI: Check the newspaper reports, the organisations are present.

Parihar: Then the Court will say that we are relying on newspaper reports and dismiss this.

CJI: You should be assisting the Court. Don’t unnecessarily argue with us.
Kansal submits that there should be a balance: There is no free movement. Ambulances cannot go. This a violation of Article 19(1)(a),(b) and (c).

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Adv. GS Mani makes submissions and he states that he has land in Tamil Nadu, and that he is aware of the farmers’ pain as he himself has cultivated land when he goes there.

“I don’t know if this is the farmer’s fault or the government’s fault”.

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CJI: Will you keep quiet and listen ? You say that you know the pain of the farmers of Punjab and Haryana because you have land in Tamil Nadu ? What do you know ?

Mani submits that he knows the pain of protesting in the peak cold.

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Mani: My prayer is to ensure fundamental rights are available to the fellow farmers. That they are provided basic amenities.

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CJI: Mr. SG, we see that the petitions are ill-conceived and there are no legal issues before us. The only party before us who has blocked the road is you.

SG: I have not blocked the road.
CJI: No, no, no. Who has blocked the road ?

SG: The farmers are protesting and roads have been blocked by Delhi Police.

CJI: So, the only party who is actually on ground is you.

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CJI: Who are the parties who are heading the protests ?

SG: Bhartiya Kisan Union. The government will not do anything against the interest of farmers. Sit with the government clause by clause, then there can be a discussion or debate with an open mind.
CJI: Your negotiation does not work apparently. You should be willing to negotiate and we should have a farmer before us who is also willing to negotiate ! Give us the name of the Union.

SG: I can give you the name within ten minutes. Immediately I can think of Bhartiya Kisan.
CJI tells Parihar that liberty will be given to him to join the party.

Adv. Rahul Mehra, GNCTD appears: No efforts have been made to check the veracity of the claims of the Petitioners and to show the authenticity.
Mehra: They are in severe winters. They are here because of compulsion. This is not out of choice.

SG: He seems to be appearing for some farmer organisation.

Mehra: I can also say that you are appearing for something else.
CJI: There is only the difference of one letter in your surnames - Mehra and Mehta. Whatever you want to say, say it to each other outside of court.

SG: Yes, we will talk over call.

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Supreme Court informs the SG that tentatively a Committee will be formed with members of all farmers organisations from the rest of India.

“Otherwise this will soon become a national issue. It seems government may not be able to work out”.
Bench: Permission to implead farmer organizations allowed. Issue notice, returnable tomorrow.

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