Contempt plea in SC against officials for not removing protesting farmers

The petitioner had also represented to the Government of India as well as respective state governments to take appropriate action against those demonstrators who are violating the fundamental rights of the common citizen by illegally occupying the public road, the plea said.It said the representation made to authorities has not been acted upon as yet and still the demonstrators are continuing to protest on public roads across Delhi borders.The Petitioner herein is aggrieved by the contemptuous conduct and willful disobedience of the direction and order dated 07.10.2020 of this Honble Court...

A plea seeking initiation of contempt proceedings against some top officials of the Centre, Delhi, Uttar Pradesh, Haryana and Punjab has been filed in the Supreme Court on Wednesday alleging “willful disobedience” of the 2020 verdict in the Shaheen Bagh case on the ground that they have failed to remove farmers protesting on roads leading to the national capital.

The fresh plea referred to the October 7, 2020, verdict of the top court in which it was held that public spaces cannot be occupied indefinitely and demonstrations expressing dissent have to be in designated places alone.

The apex court had pronounced the judgement on the pleas seeking removal of anti-CAA protestors from a road at Shaheen Bagh here.

“We have, thus, no hesitation in concluding that such kind of occupation of public ways, whether at the site in question or anywhere else for protests is not acceptable and the administration ought to take action to keep the areas clear of encroachments or obstructions,” the apex court had said in the verdict and the contempt plea alleged violation of this specific observation.

The plea has been filed on the day when the ongoing farmers' protest against three contentious agriculture laws of the Centre has completed 300 days.

“Initiate contempt proceedings against the Respondents for their willful disobedience and failure to initiate any action against the demonstrators in line with the directions in paragraphs 19 of the order dated October 07, 2020, passed by this Court in Civil Appeal... titled as Amit Sahni Vs Commissioner of Police,” said the plea filed by local BJP leader Nand Kishore Garg.

The plea, filed through lawyers Shashank Deo Sudhi and Dinesh Kumar Dakoria, has made Cabinet Secretary, Home Secretary and Chief Secretaries of Delhi, Punjab, Uttar Pradesh, Haryana as parties responsible for the alleged contempt.

“As such, the very soul and spirit of the said order is being illegally infringed by the agitators or demonstrators and the contemnors had completely abdicated their responsibilities in protecting the rights of the common citizen who have been suffering from close to one year requesting the contemnors to act in accordance with the law.

“However, the contemnors did not take any kind of action against those demonstrators. The petitioner had also represented to the Government of India as well as respective state governments to take appropriate action against those demonstrators who are violating the fundamental rights of the common citizen by illegally occupying the public road,” the plea said.

It said the representation made to authorities has not been acted upon as yet and still the demonstrators are continuing to protest on public roads across Delhi borders.

“The Petitioner herein is aggrieved by the contemptuous conduct and willful disobedience of the direction and order dated 07.10.2020 of this Hon’ble Court... and had allowed the demonstrators to hold dharna and agitation on public places by blocking the main highway across the several stretches of roads leading to Delhi and thereby causing unspeakable difficulties to lakhs of commuters and common citizens who commuted to Delhi for their livelihood,” it said.

Group of farmers from Punjab, Haryana and western Uttar Pradesh have “laid siege to the border of NCT of Delhi protesting against the farm laws which were passed by Lok Sabha and Rajya Sabha and the President, Ram Nath Kovind, gave his assent on September 27, 2020, it said.

Thousands of farmers, mainly from Punjab, Haryana and western Uttar Pradesh, have been protesting at various border points of Delhi for last 10 months against the three laws -- the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, the Essential Commodities (Amendment) Act, and the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act. PTI SJK SJK RKS RKS