COURTESY HT JAN 19

SC refuses to step in on R-Day tractor rally
Utkarsh Anand and Abraham Thomas

letters@hindustantimes.com

New Delhi : The Supreme Court on Monday refused to “strengthen the hands” of the Centre in stopping a proposed Republic Day tractor rally in Delhi by farmers protesting against three contentious agricultural laws, and asked why the government was seeking its nod on a law-and-order issue.

Declining to pass any order on a plea by Delhi Police, a bench headed by CJI SA Bobde said it was not for the court to remind the authorities of their policing power by passing an order.

“Does the Union of India need Supreme Court to tell what powers it has under the Police Act? Why do you want us to tell what powers you have?” the bench asked Attorney General KK Venugopal, who implored the court to issue a prohibitory order on Delhi Police’s application to injunct farmers’ groups from “disrupting” Republic Day celebrations by taking out a tractor rally or any other processions on January 26.

Venugopal, who represented the Centre, said that it was an extraordinary situation, adding “one word from this court will strengthen the hands of the government”. But the bench remained unmoved.

“Does the Supreme Court say as to what are the powers of police and how they will exercise them? We are not going to tell you what to do. All that we can tell you is that you can invoke all your powers under the law to maintain law and order in the city. This is your job,” the bench, also comprising Justices L Nageswara Rao and Vineet Saran, told the AG.

It further observed: “We cannot come across an instance where first the court issued an order prohibiting (protests) and then the authorities said something. It is always the other way round. We have told you earlier too that we cannot be the first authority to determine this. You have enough power under the Police Act to determine who should or should not be allowed entry.