Farmers have the Right to Protest, Court will not interfere if it doesn’t affect another’s Rights: SC

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The Supreme Court bench headed by CJI SA Bobde has denied passing any directions in relation to the PILs which was filed for removing the farmer’s protest due to the non-appearance of the respondents.

The Supreme Court has said on Thursday that the court will not interfere with the protests as the Right to Protest is a fundamental right and it can be exercised by maintaining Public peace and Order. In other words, it should not affect other’s Fundamental Right.

The Bench said,

We Clarify that this court will not interfere with the protest in the question. Indeed, the right to protest is a part of the Fundamental Right and can, as a matter of fact, be exercised. There can be no impediment in the exercise of such rights as long as it is non-violent and does not result in damage to life and property of another citizen and is in accordance with the law.”

The SC also gave the suggestion to hold the implementation of the farm’s law so that the negotiation between the Center and the farmers can happen. It said that the Question of the validity of the law can wait as it is more important to deal with the issue of Farmers’ Fundamental Right to Protest and the Citizens’ Fundamental Right to move freely.

We are in a view at this stage that the farmers’ protest should be allowed to continue without impediment and any breach of peace either by the protesters or the police

The Bench also remarked that no one is allowed to instigate violence neither the Protesters nor the Police. Police also cannot use violent measures against the Protesters. The court again reiterated that the Purpose of the Protest can only be fulfilled if the two-party will talk to each other on the issue, having said this, the SC indicated toward a negotiation committee to be formed for solving this dispute.

The bench also has Justice V Ramasubramanian and AS Bopanna decided to direct service of Notice on the Farmers’ Union by today.


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