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CJI Bobde unhappy with the criticism of the court-appointed committee

On January 12,the top court set up a four-member panel to find solution to end the deadlock between the Centre and farmers' unions over the three laws.

But,all four names suggested for the panel were opposed by farmers' unions - and even opposition parties like the Congress -who said the members had expressed views that favoured the farm laws and were pro-government. The farmer unions have also declined to appear before this committee.

The Chief Justice of India, SA Bobde, on Tuesday responding to the criticism of the court-appointed committee said that one person may have an opinion before being a part of the committee but his opinion can change. “If a person on a panel has expressed views on the matter, it should not become ground for disqualification from a committee”.

The observations assume significance after Bhupinder Singh Mann, the national president of Bharatiya Kisan Union, last week recused himself from the court-appointed four-member committee formed to hear grievances of farmers agitating against the farm laws saying he did not wish to "compromise farmers' interests".

"As a farmer myself and a Union leader, in view of the prevailing sentiments and apprehensions amongst farm unions and the public in general, I am ready to sacrifice any position offered or given to me so as not to compromise the interests of Punjab and farmers of the country" ,Mr Mann said.

A bench headed by the Chief Justice and comprising Justices L Nageswara Rao and Vineet Saran said "just because a person has expressed a view on the matter, that is not a ground for disqualification to be a member of a committee".

The Chief Justice said how can this be a disqualification.

The observation was made during the hearing of a suo moto case on steps to expedite criminal trial. A senior advocate cited his opinion favouring virtual hearing instead of physical hearing. The lawyer proposed that he may be excluded from being an amicus curiae in the pleas supporting continuation of virtual hearing.

"Generally, there is a peculiar lack of comprehension about constitution of a committee",observed the Chief Justice. The Chief Justice clarified that his remarks are a general observation and only in context of the matter at hand.

"We are talking of a general misunderstanding. Committee members are not judges. They can change their views," Chief Justice observed orally.

Whereas,the farmer's union urged the Supreme Court to reconstitute the panel by including “neutral and impartial personality…not related to any political party” and requested the appointment of a former judge of the apex court and representatives of protesting farmer unions to the panel.

Thousands of farmers are protesting against the three farm laws since November 26 at various Delhi borders.

 

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