"We Are Not The Court of First Instance": Supreme Court Declines To Entertain Plea To Remove Protesting Farmers From Singhu Border

Mehal Jain

6 Sept 2021 5:35 PM IST

Supreme Court allowed the petitioners to withdraw the plea with liberty to move the Punjab and Haryana High Court against Singhu Border Block.

"Has there been some gross infringement? Why should we become the court of first instance here?", said the Supreme Court on Monday while hearing a PIL by residents of Sonepat, Haryana for opening up of the Singhu border which links Haryana to Delhi, blocked by farmers protesting against the three controversial farm laws.The bench of Justices D. Y. Chandrachud, Vikram Nath and Hima Kohli...

"Has there been some gross infringement? Why should we become the court of first instance here?", said the Supreme Court on Monday while hearing a PIL by residents of Sonepat, Haryana for opening up of the Singhu border which links Haryana to Delhi, blocked by farmers protesting against the three controversial farm laws.

The bench of Justices D. Y. Chandrachud, Vikram Nath and Hima Kohli allowed the petitioners to withdraw the plea with liberty to move the Punjab and Haryana High Court to tackle this issue which necessitates "a balance between the right to protest and the right to access basic amenities".

"You are residents of Sonepat, why did you not go to the High Court only? It is the High Court that is aware of the specific situation and whatever is happening locally, so it is better suited to deal with these issues. Why should we have to interfere? These petitions are filed before the Supreme Court for publicity", said Justice Chandrachud.

"While we are tempted to intervene at times, the question to ask is whether we would be called upon if tomorrow there is some border issue in Karnataka or Kerala. There would be no end to it this way. We must have faith in the High Courts", continued the judge.

The advocate for the petitioners indicated the recent order of the bench of Justices S. K. Kaul and Hrishikesh Roy where it was noted that farmers' protests cannot block road traffic, the Supreme Court has asked the Union of India, UP and Haryana Governments to find a solution. The Court was hearing a writ petition filed by Monicca Agarwaal, a resident of Noida, who had alleged that travelling to Delhi from Noida for her marketing job had become a nightmare as it took 2 hours instead of 20 minutes due to the road blockade.

Urging that the Singhu Border is like an "umbilical cord" for the residents of Sonepat as it links Delhi with Haryana, the advocate for the petitioner insisted that the right of movement is being infringed. He prayed that at least one side of the Highway be opened up to allow for movement in case of emergencies.

However, reiterating its confidence that the High Court would address this "human issue" suitably, the bench allowed the withdrawal of the plea, with liberty to approach the High Court.

Case Title: Jai Bhagwan & Anr. v. Union of India & Ors.

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"We Are Not The Court of First Instance": Supreme Court Declines To Entertain Plea To Remove Protesting Farmers From Singhu Border

Mehal Jain

Supreme Court allowed the petitioners to withdraw the plea with liberty to move the Punjab and Haryana High Court against Singhu Border Block.

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