New Delhi: The Supreme Court on Wednesday suggested setting up an independent committee, comprising eminent persons, to reach out to the farmers’ protesting at the Shambhu border since February 13, demanding a legal guarantee of minimum support price (MSP) for crops, saying that highway cannot be blocked indefinitely and neutral persons should talk to the farmers' to ascertain their problems, against the backdrop of an existing trust deficit.
The apex court also directed the Haryana and Punjab governments to maintain a status quo at the Shambhu border. Haryana government said JCBs and other tractors have been converted into virtual war tanks by farmers’ protesting at the border and it apprehends that untoward incidents may occur if the border is opened.
A three-judge bench led by Justice Surya Kant asked Solicitor General Tushar Mehta, representing the Haryana government, whether the state should open the border without permitting tractor-trolleys. Mehta said the farmers' are not agreeable and, citing a direction passed by the High Court, added that certain things should be left for the state government.
"You need to make some effort. You are the state and take some initiative to reach out to the farmers’...," said Justice Kant. Mehta said that farmers' are welcome to come to the capital but they cannot come on tractors, JCBs etc., and this is the point when the friction starts.
"You are sending your ministers’ or someone else's, there is a deficit of trust. Your ministers’ will go from here to talk to the farmers without realising their local problems…..why don’t you keep some neutral empires, who can talk to both sides. Some confidence needs to be inspired," said Justice Kant.
Mehta replied, "Some people who are sleeping can be woken up but If a person is sleeping while already awake then it is difficult to wake up. Earlier they blocked on the pretext of three laws, but they were withdrawn. Now they want some other demands and they have blocked".
The bench, also comprising Justices Dipankar Datta and Ujjal Bhuyan, said that the government must have seen that some of their demands may be genuine and some would not be acceptable to it.
"It is a case of trust deficit…we think of requesting some independent persons who are neutral to the issue or controversy….they must have a moral strength to tell the farmers’, you are wrong on this point and right on this point," said Justice Kant.
Mehta said in the meantime any untoward incident may be avoided. Justice Bhuyan said that the government cannot block the highway for all time to come and orders have been passed by High Courts that National Highways cannot be blocked.
"Our difficulty is that national highways cannot be used for JCB etc...you cannot move on a JCB or a tractor trolley on a national highway.....Otherwise, they would have to be blocked here in Delhi," said Mehta, insisting on staying on the High Court's direction regarding the removal of barricades.
Haryana government said if the blockade is removed at the border, it apprehends that an untoward incident may occur. Mehta said: "If I show to your lordships that JCBs and other tractors, they are converted into virtual war tanks. Please see the pictures… they are armoured….I am not on their stay (at the border).….I am on the vehicles converted into (war tanks)". Justice Kant reiterated that it shows a trust deficit. Mehta insisted it has ramifications.
Punjab government counsel said they have not blocked the highway on their side and the blockade on Haryana's side is causing a lot of trouble for the movement of goods and impacting the state's economic health.
"We want to constitute some independent committee with the concurrence of the Union, both state governments and all other stakeholders. Comprising such persons who can reach out to the farmers’ and who are in a position to deliberate with them and consider their viewpoint. Suggest them where they are wrong and where they are right….," said Justice Kant.
The bench said that the committee can reach out to the farmers’ and state governments, and also other stakeholders in order to find out a viable solution, and states can suggest some names.
"Let appropriate instructions be taken within a week. Till then let parties maintain a status quo at the site to prevent flaring up of the situation at the Shambhu border," the bench said, in its order.
The apex court was hearing the Haryana government’s plea challenging the Punjab and Haryana High Court order asking it to remove within a week the barricades at the Shambhu border near Ambala where farmers have been camping since February 13.
