The Supreme Court declined to entertain a public interest litigation (PIL) petition on Tuesday (March 12) that sought the immediate removal of farmers from the borders of Delhi, amid the ongoing farmers’ protest demanding minimum price guarantees for their crops. The plea was brought by social worker and former Bharatiya Janata Party MLA Nand Kishore Garg, who aimed to clear the border areas.
However, a bench comprising Justices Surya Kant and KV Viswanathan refused to hear the PIL and directed the petitioner to address the matter in the Punjab and Haryana High Court, where it was already under consideration. Dr Garg’s petition, filed under Article 32 of the Constitution of India through Advocate-on-Record Mukesh Kumar Singh & Co, sought the removal of farmers obstructing arterial roads and highways connecting Delhi with states like Punjab, Haryana, Uttar Pradesh, and Rajasthan.
The petitioner argued that these protests have caused significant difficulties for the general public, impacting their livelihoods, health emergencies, educational activities, and other essential tasks. Dr Garg expressed concern that such protests have become a recurring issue, holding the common people hostage to what he termed ‘illegal intransigence’ by farmers.
The petition stressed that there is no absolute right to hold such protests and it is subject to reasonable restrictions, citing legal precedents and court decisions. Dr Garg also sought ‘comprehensive and exhaustive guidelines’ relating to restrictions on such protests and agitations that lead to obstruction of public places.
The Supreme Court’s decision comes amid renewed farmer marches to Delhi, as thousands of farmers push the government to meet their demands. The protests, an offshoot of the 2020 protests against the proposed farm bills, continue despite the government scrapping the bills in November 2021.
Case Details: Nand Kishore Garg v. Union of India & Ors. | Writ Petition (Civil) No. 162 of 2024
