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The Supreme Court on Tuesday has deferred hearing in a plea against the road blockade due to the ongoing protests against the Farm laws (which now stand repealed) around Delhi Borders.

A bench of Justice Sanjay Kishan Kaul and Justice MM Sundaresh was hearing a plea filed by Monicca Agarwal, alleging that that traveling to Delhi from Noida for her marketing job had become a nightmare as it took 2 hours instead of 20 minutes due to the protestors swarming the roads.

Court has posted the matter for hearing on January 11, 2022.

Solicitor General Tushar Mehta told Court that instructions were needed to be taken from the Government in view of the recent developments in relation to the three farm laws. However, Advocate Prashant Bhushan appearing for the petitioner requested the Court to keep the matter in the month of January.

The bench proceeded to list the matter for hearing on January 11, 2022.

Justice Kaul over the agreement of SG and Bhushan said, "Let me say something on a lighter side, this must be the first time when both of you have agreed, this should be cited as an example."

Recently, the Top Court had made strong observations against blocking roads for purposes of carrying out protests. "Roads must not be blocked for any reason whatsoever," the Court had said, while hearing a plea which sought for removal of protestors on the Delhi NCR border.

Background:

On the last date, the Court had asked Mehta to file an application informing about what has been done yet in this regard and what purpose will the impleadment of farmers serve in the matter.

Solicitor General Tushar Mehta had then submitted that a meeting was convened along with a three-member committee, however, the farmers refused to join. "They may be asked to join as a party," Mehta added.

It is pertinent to note that Court had said that though every citizen had the right to protest, it was not to be done at the expense of blocking ingress and digress of traffic. The court said that the solution did in fact lay in the hands of the Union of India.

On April 19, 2021 bench comprising Justice SK Kaul & Justice Hemant Gupta while adjourning the plea had remarked, "Don't obstruct the life of other people there. You may want to construct a village, and you can do that. But not at the cost of other's inconvenience.”

Solicitor General Tushar Mehta had informed that an endeavor was being done from their side concerning the directions issued by this Court. 

The petitioner, appearing in person, had averred that despite the various directions passed by this Court to keep the to and fro passage clear (the roads), the same still did not happen.

On April 9, 2021, the Bench comprising Justice SK Kaul & Justice Hemant Gupta after perusing the counter affidavit filed by respondent No.2, impleaded the State of Haryana and the State of Uttar Pradesh as respondent Nos.3 and 4.

"We have clarified to the Solicitor General that we are not concerned with the larger issue but only limited to the aspect of free flow of traffic on the streets, i.e., the public streets should not be blocked. This is an aspect which has been repeatedly emphasized in different orders of this Court.", the order dated April 9, 2021 read.

On March 26, 2021, the Bench comprising Justice SK Kaul & Justice R Subhash Reddy took note of the administrative failure as the judicial view was already propounded by the Court & issued notice to the Respondents to ensure that the road area is kept clear so that the passage from one place to other is not affected.

Case Title: Monicca Agarwaal V. Union Of India & Anr.