The Supreme Court today in an unprecedented act stayed the operation of the new Farm Acts without any prima facie grounds of illegality in these legislations by pandering to violent blackmailers and anti-national anarchists. The Supreme Court also set up a four member Committee to provide an independent platform for finding a solution for the impasse between the protestors and the government with respect to the new Farm Laws.

The Supreme Court’s staying of the new Farm Acts today, 12.01.2021, has no legal basis for the stay except for pandering to a mob of arm twisters occupying the highways bordering Punjab and Delhi threatening to cut off all food and other essential supplies to Delhi. With deference to the Supreme Court, right to protest does not mean imposition of the mob rule on the majority law abiding citizens of India.

The Supreme Court encouraged the blackmailers sponsored by Khalistani ideologues backed by the Pakistani ISI pumping in money to keep this so-called Farmers’ protest alive for nearly 50 days now.

However, the same Supreme Court did not castigate strongly the Congress government when in June 2011, it fired tear gas shells and lathi-charged at wee hours on the sleeping followers of Baba Ramdev assembled at Ram Lila Maidan in Delhi, to protest against monumental corruption by the UPA government at the Centre. The General Dyer like act of the then Home Minister, P. Chidambaram went unpunished by the Supreme Court even when many were brutally hurt and a young woman lost her life due to the mid-night brutal police assault on the protestors.

The Constitution of India of India empowers the Supreme Court to decide constitutionality of the laws framed by the legislature, interpret the laws in force, whether the said law is ultra vires of the Constitution and be the ultimate forum for resolution of disputes and dispensation of justice. The Supreme Court in the case of the new Farm laws did not find any prima facie illegality in the laws enacted nor did it find there are any glaring violation of fundamental rights enshrined in the Constitution. The Supreme Court has also not found the new laws to be ultra vires the domain of legislative capacity of the Parliament as agriculture and farming comes in the Concurrent list enabling both the Centre and State to make laws in this sector.

Moreover the Supreme Court of India has done more disservice to the real small and marginal farmers of India by endorsing the blackmail of certain farmer union leaders who were being too egoistic and mislead by Congress and Communist parties’ ambitions to capture power in Centre by creating large scale anarchy and mayhem in the country. To add to this we had the Khalistani elements taking over and fanning hatred towards the government of India and Hindus in general by pumping in millions of dollars through shell companies of Punjabi singers like Diljit Dosanjh about whose 50 plus dubious shell companied the author had written an article.

The small and marginal farmers of India with small land holdings would have benefitted by forming co-operatives and instead of this negative blackmailing thuggery by the farmer unions, they could have the government to set up a framework that would ensure that the farmers can extract best value for its produce and enhance their bargaining powers with the retailers and agro-based companies.

The Supreme Court has rewarded supreme thuggery by these blackmailers who destroyed nearly 1500 telecom towers in Punjab. Of all the Farmer Unions participating in this extortion, 80% of them hail from Punjab the rest of them have joined either due to affiliation with leftist political parties or and for the sake of solidarity.

The Supreme Court has arrogated to itself the role of making laws and encroaching on the plenary powers of the Legislature and Executive rather than performing its important role as an independent arbiter and ultimate authority in interpretation of the Constitution and deciding the legality of the laws enacted.

As soon as the order was delivered by the Supreme Court the farmers’ union leaders refused to participate in any consultative process set up by the apex court to find a solution to the logjam. So, the Supreme Court has lost its face by being openly snubbed by the leaders of this extortion movement as they cast aspersions on the committee members appointed by the Supreme Court as being pro-government. In fact leftist Yogendra Yadav, whose political party gets no traction among the public, made a grand statement that they would rather talk with the Agriculture Minister Tomar rather participate in the consultative process with the members in the SC appointed committee.

The Supreme Court in its order also asked the protestors to vacate the huge gathering in the Delhi-Punjab highway choking normal movement on the road and harming economic activity which is already under stress due to the unavoidable lockdowns due to the Covid-19 Pandemic. The Supreme Court was here also rebuffed by the leaders of the protests who openly declared that they would continue to block the roads and continue their dadagiri by insisting in my way or highway attitude.

This order sets a bad precedent and has ramifications in the future to encourage similar thuggery by few people to arm twist the entire system to enforce their whims and fancies on the silent law abiding majority of citizens who are in favour of progresive legislations to reform governance and economy in India. Lastly, this unprecedented order of the Supreme Court is a gross case of Judicial Overreach and as the late veteran legal eagle, ex-Cabinet Minister and senior BJP leader of BJP, Shri Arun Jaitley once remarked, it is a Tyranny of the Unelected.

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