The Supreme Court on Monday hinted that it will stay the implementation of the three farm laws, in order to prevent violence and breaking of laws.

The Supreme Court on Monday hinted that it will stay the implementation of the three farm laws, in order to prevent violence and breaking of laws. The full order is likely to be released by the Court by the end of the day.    It observed that a Committee needs to be appointed to resolve the deadlock between the Government which wants a clause by clause consideration of the legislations and the farmers, who want that the laws to be completely repealed.    "Staying the implementation of laws and staying the law are different. We can always stay executive action under a law. Who will be responsible if any bloodshed happens?" said CJI SA Bobde while hearing a batch of petitions challenging the Farm Laws/ seeking removal of protesting farmers from Delhi borders.    Solicitor General, who opposed the stay order during the hearing, has sought a day's time to suggest names for the Committee.    Power of Court to stay implementation of a legislation    The proposal to stay the law was opposed by the Attorney General, who pointed out that that there are Supreme Court precedents saying that Courts cannot stay legislation.    The AG referred to State of UP v. Hirendra Pal Singh, (2011) 5 SCC 305, where it was held that in cases where validity of statutory provision is under challenge, the Courts should exercise self-restrain in passing interim orders.    He submitted,    "Court cannot stay a legislation unless the court finds that (1) law is passed without legislative competence (2) law violates fundamental rights (3) law violates other provisions of constitution."    The AG said that he has not seen any argument in any of the petitions raising the above three points.    The CJI however referred to a three-judge bench order that stayed the implementation of 2018 Maharashtra law granting reservation to Marathas in education and job, while hearing a batch of pleas challenging the validity of the law.    The CJI clarified that the Court is not encouraging preventing of laws. "In fact, we propose to pass the order to prevent violence and breaking of laws," he said.    "We Are Extremely Disappointed At The Way Govt. Handling The Farmers Protests And Farm Laws",Chief Justice Bobde    The AG also pointed out that since the Act coming into force in June 2020, by way of an Ordinance, more than 2000 farmers entered into contract for selling products in mandis.    "If the Court stops the implementation, they will lose heavily. If your lordships stay the law, it will cause tremendous loss to these 2000 farmers. Staying implementation of law is same as staying. Court cannot do indirectly what it cannot do directly," the AG said.    No stay on farmers' protests    The Top Court however refused to pass an order restricting the farmers protests. The CJI said, "Court will not pass an order that citizens should not protest… We told last time also Court is not going to decide issues like who should enter Delhi etc. It is for the police to decide."    The CJI said,    "We are sorry to say that you, as the Union of India, are not able to solve the problem. You have made a law without enough consultation resulting in a strike. So you have to resolve the strike."    The Court made it clear that its previous order that the farmers can continue protests in a peaceful manner shall continue with the exception that the Court will think of changing the site of protest, (given the extreme weather conditions in Delhi).    "The most serious concern occupying the court is the possible loss of life and property. This is the most important component of our view.    Passions are running high. But you must tell them to go back. There is cold. There is COVID. It is not necessary that they (old people and women) should be there at protests," the CJI said asking Advocate HS Phoolka to persuade the farmers to return to their villages.    At this point, Senior Advocate Colin Gonsalves assured the Court that he, Dushyant Dave and HS Phoolka will go to the farmers union today with the Court's views and will come back with their suggestions.