“Under the constitution, you are at liberty to invoke all powers”: Supreme Court tells centre on request to stop the tractor rally

18Jan,2021

“Under the constitution, you are at liberty to invoke all powers”: Supreme Court tells centre on request to stop the tractor rally

On Monday, the Supreme Court told the Delhi police that it is the “first power” to determine whether or not protesting farmers can be allowed entry into the capital or not.
While hearing an application filed by the Delhi police seeking an injunction against the tractor rally proposed to be carried out by farmers in Delhi on Republic Day to demonstrate their protest against the contested farm laws, commented by the Chief Justice of India.
The Chief Justice of India, S.A. Bobde told the Attorney general that, the question of entry into the capital is a concern of law and order, and that is to be determined by the police. The CJI commented that, we told the Attorney general and the Solicitor general, whether who should be permitted and who should not be permitted and the number of people who may enter are both matters of law and order that the police should deal with. We are not the first authority.
The attorney general asked the court at this juncture to pass an order saying, “it will strengthen our hands” to that effect. CJI asked the AG, does the union of India want the court to state that you have authority under he law? To which AG replied back, currently, we are facing an unprecedented situation. AG also claimed that such an order may be passed by the court as the court has taken up the whole issue. In its reply, the CJI explained that the court has not taken up the whole issue and is only dealing with the protest part. Highlighting the right to subject to the public order and public interest, the Supreme Court is seizes of the issues relating to the constitutionality of the farm acts and the protests of the farmers. The application requested the top court to pass an injunction scheduled on Republic Day to restrict such protest march.