May 20, 2024

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‘Not a floor for disqualification’: CJI Bobde responds to criticism over farm legal guidelines committee

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Image Source : PTI Chief Justice of India (CJI) Sharad Arvind Bobde. 
Chief Justice SA Bobde on Tuesday orally noticed that if an individual on a panel has expressed views on the matter, it shouldn’t change into floor for disqualification from a committee.

The observations assume significance after Bhupinder Singh Mann, the nationwide president of Bharatiya Kisan Union, final week recused himself from the court-appointed four-member committee fashioned to listen to grievances of farmers agitating in opposition to the farm legal guidelines.

A bench headed by the Chief Justice and comprising Justices L Nageswara Rao and Vineet Saran stated “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 remark was made in the course of the listening to of a suo moto case on steps to expedite prison trial. A senior advocate cited his opinion favouring digital listening to as an alternative of bodily listening to. The lawyer proposed that he could also be excluded from being an amicus curiae within the pleas supporting continuation of digital listening to.

The Chief Justice stated how can this be a disqualification.

“Generally, there is a peculiar lack of comprehension about constitution of a committee,” noticed the Chief Justice. The Chief Justice clarified that his remarks are a basic remark and solely 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 noticed orally.

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The farmers unions have objected to the composition of the court-appointed committee saying its members have expressed their opinion in favour of the farm legal guidelines. Thousands of farmers are protesting in opposition to the three farm legal guidelines since November 26 at varied Delhi borders. The farmer unions have additionally declined to seem earlier than this committee.

On January 12, the highest court docket stayed the implementation of the three Farm Laws till additional orders and constituted a committee comprising Bhupinder Singh Mann, Pramod Kumar Joshi, Ashok Gulati, Anil Ghanwant.

Justifying the keep on implementation of farm legal guidelines, the highest court docket had stated: “We deem it fit to pass the following interim order, with the hope and expectation that both parties will take this in the right spirit and attempt to arrive at a fair, equitable and just solution to the problems.”

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