A plea has been filed by Bhartiya Kisan Union Lokshakti (BKUL ) before the Supreme Court to remove all the three members who are presently part of the Court appointed committee for resolving farmers protest as all the present committee members have expressed their support for the Farm Acts through written publications.
The plea has been filed through advocate AP Singh.
It has been prayed to reconstitute the committee for resolving farmers protest including impartial persons like retired Supreme Court judges and representatives of farmers unions. The application has also urged court to dismiss the application filed by Delhi police seeking to injunct the tractor rally slated to be held on Republic Day.
Averments in the Plea
BKUL indicated that one of the member of committee, Pramod Kumar Joshi co-authored an article “any dilution in the farm laws will constrain Indian agriculture to harness emerging global opportunities”. The same was published in the Financial Express on December 15, 2020.
The article said that “farmers are a victim of misinformation in the absence of effective Communication from the government”
The plea further highlighted that Ashok Gulati had argued in an Indian Express article that the farm laws are in the right direction and said that the opposition has been misguided, laws will “make Indian agriculture globally competitive, and benefit farmers and consumers alike”.
In an article published by The Hindu Business Line, Anil Ghanwat, who heads the Maharashtra based Shetkari Sanghatana had said laws should not be withdrawn. He expressed the view that the laws have opened up opportunities for the farmers and must be implemented but with some amendments.
Three present members continuing in the committee would only lead to violation of principles of natural justice, the application contended. It further stated,
“‘Nemo judex in causa sua’ which means ‘No one should be made a judge in his own cause or the rule against bias’ and ‘Audi alteram partem’ which means ‘hear the other party or the rule of fair hearing or the rule that no one should be condemned unheard’ are the two principles of natural justice, without these two rules we can’t predict a fair decision.”
Case Background
The committee for resolving farmers protest which was set up by Supreme Court Bench of Chief Justice of India (CJI), SA Bobde and Justices AS Bopanna and V Ramasubramanian also comprises, Dr. Pramod Kumar Joshi, Ashok Gulati (Agricultural Economist) and Anil Ghanwat (President of Shetkari Sanghatana).
Recently, BKU President Bhupinder Singh has recused from the committee saying “I am recusing myself from the committee and I will always stand with my farmers and Punjab”.
The Supreme Court of India had “stayed the implementation of three farm laws until further orders” and has decided to form a committee to solve the deadlock between the protesting farmers and the central government.
The CJI said while hearing the matter of farmers protest, “We are forming a committee so that we have a clearer picture. We don’t want to hear arguments that farmers will not go to the committee. We are looking to solve the problem.”
CJI bobde while hearing the matter of farmers protest further observed, “We are concerned about validity of the laws and also about protecting life and property of citizens affected by Farmers protest. We are trying to solve the problem in accordance with the powers we have. One of the powers we have is to suspend the legislation and make a committee.”
