New Delhi : The Supreme Court on Friday said in a democratic set-up, the farmers protesting at the Shambhu border, have a right to voice their grievances and their sentiments should not be hurt, and as far as tractors and JCB machines are concerned, the state can persuade them with statesmanship to take those machines back to their respective farmlands. The apex court stressed it favours a smooth beginning, in terms of a dialogue process between all the sides, and state governments can propose some neutral persons to resolve the issue.
A bench comprising justices Surya Kant and R Mahadevan asked the Punjab and Haryana governments to propose some neutral personalities, who could be approached for constituting an independent committee to reach out to farmers protesting regarding their demands like legal guarantee of MSP for their produce.
Justice Kant told Solicitor General Tushar Mehta, representing the Haryana government, and Punjab government counsel that nobody should precipitate the situation. “Don't hurt their (farmers’) sentiments. But as a state...with statesmanship… you try to persuade them that as far as tractors are concerned, JCB machines are concerned, other agricultural equipment is concerned, let those be taken to places where those are required like agricultural farms, agricultural lands….," said Justice Kant.
Justice Kant stressed that in a democratic set-up, the farmers’ have a right to voice their grievances and asked Mehta to suggest some names of neutral people for the formation of the panel. “We want a smooth beginning, in terms of a dialogue process between all the sides. Please think of names, there are very seasoned political personalities in the country who have a lot of experience to their credit and they know the ins and outs, they can give better solutions. But, sometimes there is a mind block, ( the farmers’) may think he has come with…even if the person goes with best (of the intentions)”, said Justice Kant.
Justice Kant said that sometimes it is said that judges should be involved in this process but judges are not experts there may be some former judges have farming backgrounds, therefore think with an open mind. “There can be agricultural scientists, there can be agricultural economists…”, said Justice Kant, urging the council to think of neutral persons who can be on the panel to reach out to the protesting farmers.
Mehta said they have undertaken the exercise as asked by the court on July 24. Punjab government counsel stressed on opening the highway in a phased manner. On July 24, the apex court had suggested setting up an independent committee comprising eminent people to reach out to the protesters and address their demands.
Justice Kant asked state government counsel to exchange their proposals and added, “It is not necessary every time to fight between the two states”. Mehta stressed that a state can't say let the farmers go to the capital of the country and pointed out that farmers have not appeared before the high court despite notice being issued in the matter.
A lawyer submitted that the Shambhu border should be directed to be opened at least for essential and emergency vehicles as people living in areas close to the protest site. The bench said there should be a mechanism where the police of both states coordinate to give access to the highway to ambulances or vehicles having senior citizens.
"They may also provide (information) as to how in a phased manner they would be able to get them vacated. Because, ultimately, the solution to the problem is to open the highway," said Mehta.
The bench, in its order, said "We have impressed upon them to suggest some common names for the constitution of the committee suggested by us…They have assured that by the next date of hearing, such an exercise will be undertaken”. After a detailed hearing in the matter, the bench scheduled it for further hearing on August 12.
The Haryana government had set up barricades on the Ambala-New Delhi national highway in February after the Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha announced that farmers would march to Delhi regarding their demands.
The apex court was hearing a plea filed by the Haryana government's plea against the Punjab and Haryana High Court, which asked it to remove within a week the barricades at the Shambhu border, where protesting farmers have been camping since February 13.
