Supreme Court Issues Notice On Plea For Reconstitution Of Committee To Resolve Deadlock Between Farmers and Govt

The Bench led by CJI SA Bobde however expressed dissatisfaction at the manner in which the farmers unions had cast unnecessary aspersions on the Committee members and said that the Supreme Court does not appreciate branding people like this.

"If you don' want to appear before the committee, we cannot compel you. But you cannot malign people like this and cast aspersions on them and also the court. If you don't want to appear, don't appear. Why do you need to brand people like this?

How can you play with people's reputation like this? We have serious objections in they being called biased and in saying court was having an interest. You malign people according to majority opinion?," the CJI sternly remarked on Wednesday.

He observed that the Committee members are experts in the field of agriculture and merely because they have expressed opinions in different context doesn't amount to their disqualification.

"Expressing opinions in different context doesn't mean disqualification…Branding people like this, we don't appreciate. Even judges express views during hearing. That doesn't mean they can't decide," the CJI remarked.

The observation resonates with the remarks made by the CJI yesterday, while hearing the suo moto matter on steps to expedite criminal trial.

Just Because A Person Has Expressed Views On A Matter, It Does Not Disqualify Him From Being A Member Of A Committee: CJI Bobde

"Just because a person has expressed a view on the matter, that is not a disqualification to be a member of a Committee…Committee members are not judges. They can change their views," the CJI had orally observed while suggesting names for amicus curiae in the matter.

The 4-members' Committee constituted by the Top Court to resolve the deadlock between the Central Government and the farmers, comprises members who have expressed open views in support of implementation of the farm laws.

While hearing an application filed by the Bhartiya Kisan Union Lokshakti and Kisan Mahapanchayat for the Committee's re-constitution, the CJI said,

"The basis of your application is that all four people are disqualified. How do you come to that conclusion? They are brilliant minds in the field of agriculture. They are experts. How do you malign them coz they have expressed some views in the past?
Every judge and lawyer have expressed some views in past and are doing something different now. Does it not happen that people change their opinions after hearing contradictory point of view? Men of integrity do that.
We don't understand this. The Supreme Court appoints a committee and their reputation is torn to shreds!"

The CJI clarified that the Committee has not been given powers to adjudicate and is appointed only to assist the Court.

"Committee was asked to listen to protesters and give us a report. Where is the question of bias in that?," the CJI asked rhetorically.

He added,

"The Court appointed a Committee of experts in field of agriculture with a clear purpose to listen to grievances of parties affected by the impugned laws with reference to the provisions enacted therein. Adjudicatory powers have not been conferred on the Committee. The Committee's role is to share grievances of parties affected by the impugned legislation and make a report to the Court."

Soon after the CJI announced the names of Committee members to resolve the farmers' dispute last week, many persons pointed out in social media that the composition of the committee reflects only a single view which is in support of the laws.

Following the controversy, S. Bhupinder Singh Mann, Ex MP and National President of BKU and Chairman of All India Kisan Coordination Committee recused himself from the committee.

"As a farmer myself and a Union leader, in view of the prevailing sentiments and apprehensions amongst the farm unions and the public in general, I am ready to any position offered or given to me so as to not to compromise the interest of Punjab and farmers of the Country, I am recusing myself from the Committee and I willalways stand with my framers and Punjab", he said in a statement.

The Bhartiya Kisan Union Lokshakti has moved the Supreme Court seeking to remove the remaining three members of the Committee.

It submitted that the present constitution of the Committee vitiates the principle of natural justice as it has been conveyed by all four members in public domain that they support the farm laws. Further, in light of Bhupinder Singh Mann, ex-MP and National President of BKU, recusing himself from the Committee, there exists a burden on the other three members to stand down as well.

The Supreme Court on Tuesday (January 12) stayed the operation of Three Farm Laws untill further Orders and constituted a Committee comprising Bhupinder Singh Mann, Pramod Kumar Joshi, Ashok Gulati, Anil Ghanwant for the 'purpose of listening to the grievances of farmers relating to the farm laws and views of the government to make recommendations'.

"We believe in the Committee and we are going to constitute it. This Committee will be the part of judicial proceedings", the Top Court had said.