NE LEGAL BUREAU
NEW DELHI, FEB 3
The Supreme Court on Wednesday referred to Prime Minister Narendra Modi’s statement that law will take its course on the Republic Day violence here and refused to entertain pleas for a time-bound probe by an apex court-appointed panel, saying it doesn’t want to “interfere at this stage”.
One of the pleas filed by an advocate had sought setting up of a three-member inquiry commission under the chairmanship of a former apex court judge and to comprise of two retired high court judges for collecting and recording evidence and submit a report on the violence during tractor rally in Delhi on January 26.
“We are sure that the government is inquiring into it (violence) and they are doing it. We have read the statement made by the Prime Minister in the press that the law will take its course. That means they are inquiring into it. We do not want to interfere in it at this stage,” a bench headed by Chief Justice S A Bobde said.
The bench, also comprising Justices A S Bopanna and V Ramasubramanian, asked lawyer Vishal Tiwari, who had filed the PIL, to give a representation to the central government for taking necessary action and directed him to withdraw the plea.
The bench also refused to entertain a similar plea related to the tractor rally violence and asked petitioner Shikha Dixit to file a representation with the government.
During the brief hearing, the bench took note of the submission of a lawyer and said as to how he can assume that the police probe into the January 26 violence will be one sided.
“They will obviously investigate everybody. How can you assume that it will be one-sided? They are doing it and obviously, they will investigate everything,” the bench observed and allowed Tiwari and Dixit to withdraw their PILs.
The bench however dismissed the third plea filed by lawyer M L Sharma related to the tractor violence.
Sharma had sought a direction to the concerned authority as well as the media not to declare farmers as “terrorist” without any evidence.
He claimed there was a “planned conspiracy” to sabotage the protest by farmers’ and they were allegedly declared as “terrorist” without any evidence.
The tractor parade on January 26 that was to highlight the demands of farmer unions to repeal three new agri laws dissolved into anarchy on the streets of the national capital as thousands of protesters broke through barriers, fought with the police, overturned vehicles, and hoisted a religious flag from the ramparts of the iconic Red Fort.
Tiwari had also sought direction from the concerned authority to lodge FIRs against individuals or organisations responsible for the violence and causing dishonour of the National Flag on January 26.
He had also said that farmers’ protest against the three new agri laws is going on for over two months but it took a “violent turn” during the tractor parade.
“Unfortunately, the tractor march took a violent turn leaving injuries and destruction of public property. This incident also affected the daily life of the public. The internet services were interrupted as the government ordered the operators to suspend the same. In the present time, the internet services are very essential to carry out the work in different professions especially in advocacy as the courts and our Supreme Court of India is functioning online,” Tiwari had said in his plea.
It said the clash between the farmers and police on Republic Day has caught the attention of the entire world.
The plea said there may be some conspiracy by some “notorious forces or organizations” to cause disturbance and damage the peaceful protest and create a clash between police and protesting farmers.
On January 20, the Centre had withdrawn its application, filed through Delhi Police, seeking an injunction against the proposed tractor march on January 26 after the apex court had said that issue of tractor rally by farmers protesting against the new farm laws was in “executive domain”.
On January 12, the apex court had stayed the implementation of the contentious new farm laws till further orders and constituted a four-member committee to make recommendations to resolve the impasse over them between the Centre and farmers” unions protesting at Delhi borders.
