Supreme Court transfers challenge to farm laws before Rajasthan HC to itself in Kisan Mahapanchayat's case seeking permission for 'Satyagraha'

The bench also remarked that there will be no question of protest since the laws against which they are protesting is already subjudice.

A  Supreme Court bench of Justice Khanwilkar and C.T.Ravikumar transferred the challenge to farm laws pending before the Rajasthan High Court before themselves, the court will also examine whether the right to protest is absolute since the law has already been challenged.

The court questioned the petitioners as to how they can seek a permission to protest while the challenge to the laws is sub-judice before another court. The Court further remarked that there will be no question of protest because they would like to examine the validity of the act first. The court remarked that no organisation takes responsibility to the damage of property and injury to individuals during the protest.

Advocate Chaudhury, appearing for the petitioners said that their protests go beyond the scope of the validity of the  law and it is primarily to let the authorities know that Minimum Support Price (MSP) should stay. To this, the court remarked that the procurement authority the state and the petitioners protesting at Jantar Mantar in Delhi is not logical.

This plea was filed by Kisan Maha Panchayat, which claims to be one of  farmers bodies who are holding peaceful and non-violent protests and hartal across the country raising their grievance against passage of the three aforesaid legislations which would have negative and harmful impact on the farming and agriculturist community, in particular."The petitioners have further sought a place for at least accommodating 200 farmers/ protestors at the Jantar Mantar for organizing peaceful and non-violent Satyagrah.

This plea has been file with regards to the ongoing farmers protest against the enactment and implimentation of the three Farm Laws, 

i)The Farmers (Environment and Protect) Agreement on Price Assurance and Farm Services Act, 2020.

ii)The Farmers' Produce Trade and Commerce (Prommotion and Facilitation) Act, 2020, and

iii)The Essential Commodities (Amendment) Act, 2020.

Earlier, A bench of the then Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun were of the considered view that the staying of all the three farm laws for the present may assuage the hurt feelings of the farmers and encourage them to come to the negotiating table.The bench had also formulated a Committee for purposes of effectuating a Consultative dialogue between the stakeholders involved, however, after several rounds of negotiations and meeting no solution has yet been found.

Upon the conclusion of submissions the court ordered the transfer of the challenge to the laws pending before Rajasthan High Court before itself and held that the matter will finally be heard on 21.10.2021