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Supreme Court to hear plea against Gujjar agitation

Legal Correspondent

No caste can be allowed to hold the State and citizens to ransom: SLP

Let people decide the political issue: Supreme Court Bench
Petitioner can seek alternative remedy in appropriate court

New Delhi: The Supreme Court will hear on June 19 a special leave petition challenging the ongoing agitation by Gujjars in Rajasthan seeking Scheduled Tribe status.

A vacation Bench consisting of Justices Arijit Pasayat and G.S. Singhvi has posted the petition for hearing after counsel Pallav Shishodia sought the court’s immediate intervention to stop the agitation.

Important questions

Petitioner Lakhan Singh said the SLP raised important questions of law: To what extent a protest could be taken in the name of democratic rights by one section when millions of the general public were affected by violence and blockade of rail and road traffic? What about the rule of the State government when there was a total breakdown of law and order, and when police stations, rail lines, national highways and public property were destroyed what with the agitation leaders openly defying its authority?

Without going into the justness or otherwise of the Gujjars’ demands, the petitioner said no caste or community could be allowed to hold the State and citizens to ransom by violence, disruption of the examination schedule, etc. Whatever the perceived compulsions of vote bank politics, the State could not allow any caste or community to take the law into its own hands.

Petition rejected

Mr. Singh said he first approached the Rajasthan High Court, which, by an interim order, restrained the Gujjars from going on strike. However, they resorted to a road and rail roko from May 23.

It was brought to the notice of the court that the Gujjar leaders had committed contempt and the matter was listed for July 3. Contending that the issue needed to be decided urgently, the petitioner moved the apex court.

On Monday, the Bench declined to entertain a petition seeking disqualification of 18 MLAs, four of them Ministers, for allegedly violating their oath of office by supporting the Gujjar agitation.

The SLP, filed by Kashi Purohit, was against an order of a single judge of the High Court, who rejected his plea.

Justice Pasayat said: “We will not get into the political question. Let people decide the political issue.”

Alternative remedy

Pointing out that the petitioner approached the apex court without preferring an appeal before a Division Bench, Justice Pasayat said he could seek alternative remedy in an appropriate court.

The petitioner earlier filed a petition before the Governor, urging him to refer the question of disqualification to the Election Commission. After the Governor rejected his plea, he moved the High Court.

Action of MLAs

The petitioner said his SLP raised important questions of law: Whether the action of the MLAs in provoking a caste so as to create an atmosphere of hatred in the State and giving statements in support of their caste, thereby disrupting law and order, trade and commerce would not amount to a breach of the oath of office, rendering them disqualified?

Was it not required of the Governor to act according to the opinion of the Election Commission?

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