Farmers Protest-Blocking Public Roads And Highways Causing Hardships To Common Man: Petitioner Tells Supreme Court
In another development in the farmer's protest matter pending before a three judge bench of the Supreme Court led by the Chief Justice of India S.A. Bobde, the primary petitioner, Rishabh Sharma, has filed an affidavit highlighting the inconvenience and hardship caused to general public by the act of farmers unions in blocking public roads and highways while protesting against the three...
In another development in the farmer's protest matter pending before a three judge bench of the Supreme Court led by the Chief Justice of India S.A. Bobde, the primary petitioner, Rishabh Sharma, has filed an affidavit highlighting the inconvenience and hardship caused to general public by the act of farmers unions in blocking public roads and highways while protesting against the three farm laws since 26th November 2020. In doing so, the petitioner has relied on various news paper reports to back up the argument. The petitioner therefore submits that this is clearly in violation of the judgment passed by the Supreme Court in Amit Sahni case and that the farmers unions must be cautioned not to block the public roads.
DETAILS OF THE AFFIDAVIT
The petitioner, in the affidavit, states that due to the protest continued by the farmers unions since 26th November 2020, the adjacent borders of Delhi and U.P. have been blocked restricting the entry of commuters inside Delhi, thereby violating the judgment of Amit Sahni v. Commissioner of Police & Ors. (2020) wherein the Apex Court has held that public places cannot be occupied indefinitely while exercising the right to protest.
The affidavit relies on the earlier order passed by the Court dated 16th and 17th December 2020 wherein the bench, in the preliminary hearings, allowed the farmers to continue the protest without the use of violence or damage to life or property of any citizen. In doing so, the petitioner has put forth various media reports to show that the farmers have indulged in blocking public roads at various borders such as Noida Chilla Border Tikri Border, Sindhu Border, Gazipur Border, Delhi-Rohtak National Highway.
"Even farmers union has destroyed various mobile towers in the state of Punjab and have also threatened to take tractor rally on the republic day." The affidavit says.
The affidavit also states that violent protests have also taken place at Chilla Border and U.P.'s Moradabad causing serious inconvenience to the public at large. According to the petitioner, the blockage of roads and borders in such a manner is "causing unnecessary hardships to the common citizen due to huge traffic jams and these citizens are prevented from travelling to the required destination in Delhi for the purpose of earning their livelihood and hence it is emphatically submitted that if such kind of blockage in public road is allowed to be continued it will only deny few of the citizens from earning their livelihood since their free movement is either curtailed or obstructed due to the blockage of public roads."
The petitioner also brings to notice of the Court the fact that the blockage of roads and highways has in fact increased the cost of raw material by almost 30% according to a latest report published by Times of India. Furthermore, the petitioner submits that this is not only in violation of the previous years Shaheen Bagh judgment but also will increase the cost of finished goods thereby putting more financial burden on common people already facing hardships in the wake of Covi-19 crisis.
"As per another report published in the daily news paper "The Hindu" the farmers protest is causing daily loss of 3500 crore and if the protest in the manner in which it is carried will cause continuous loss which will further deteriorate the economy of the country." The affidavit reads.
Therefore, the petitioner prayed that the farmers must be cautioned to not block the roads or public routes.
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