The Supreme Court of India, on 18th January 2021, made it coherent that it will not be the one to decide whether Farmers are to be allowed to enter into the premises of Delhi on 26th January 2021, for the proposed ‘Tractor Rally’. The Bench headed by Chief Justice of India S.A. Bobde, comprising of Justices L. Nageswara Rao, Vineet Saran, A.S. Bopanna and V. Ramasubramanian, noted that the “first authority” to decide for or against the entry of Protesting Farmers was with the Delhi Police, and not the Supreme Court.
The bench observed that, “Intervention of the Court has been strongly misunderstood. Who will come in the city and who will be allowed will not be seen by us. Invoke all your powers to see whether farmers can be allowed in the city. But who can be allowed or not are matters of law and order will be dealt by police. We cannot be the first authority here.” In an earlier attempt to ease out differences between the Government and the Protesting Farmers, the court had suspended immediate implementation of the Farm Laws in a bid to persuade the Farmers to disseminate a conversation that may lead to a fruitful and satisfactory negotiation between the Farmers and the Central Government. In order to ease the process of negotiation, the Supreme Court also set up a four-member Expert Committee, to which the Farmers outrightly denied approaching to.
Chief Justice of India, S.A. Bobde made it evident to Attorney General K.K. Venugopal, representing the Central Government, that the Supreme Court will not be issuing any order that explicitly states that Delhi Police has the power to take decision on the entry of the Farmers while remarking, “But why do you want us to tell what powers you have? Does Union of India need Supreme Court to tell what powers it has under the police act?” The bench further decided that the case shall not be heard on 18th January 2021 because of the absence of Justice A.S. Bopanna and V. Ramasubramanian, and therefore, adjourned the said matter. It is now set to be heard on January 20th 2021.
