P. Sainath: Did You Think the New Laws Were Only About the Farmers? // SCBA president says farm laws 'unconstitutional', offers free services as lawyer to agitating farmers
“No suit, prosecution or other legal proceedings shall lie against the Central Government or the State Government, or any officer of the Central Government or the State Government or any other person in respect of anything which is in good faith done or intended to be done under this Act or of any rules or orders made thereunder.” Welcome to Section 13 of The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (the one aimed at gutting the APMCs).
And you thought the new laws were only about farmers? Sure, there are other laws that also exclude prosecution of civil servants for carrying out their legal duties. But this one goes way over the top. The immunity given to all those in respect of anything, acting ‘in good faith,’ whatever they do, is sweeping.
Not only can they not be taken to the courts for a crime they may have committed ‘in good faith’ – they’re protected against legal action for crimes they are yet to commit (‘in good faith’ of course). Just in case, you missed the point – that you have no legal recourse in the courts – S. 15 rubs it in. “No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter, the cognisance of which can be taken and disposed of by any authority empowered by or under this Act or the rules made thereunder.”…
https://thewire.in/rights/farm-laws-legal-rights-constitution
NEW DELHI: Supreme Court Bar Association (SCBA) president Dushyant Dave has termed the Centre's farm laws "unconstitutional and illegal" and offered his services as a lawyer free of cost to the agitating farmers if they wish to challenge them in court. The farmers are protesting against the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020; Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; and The Essential Commodities (Amendment) Act 2020.
"The laws are unconstitutional and illegal," Dave told PTI and added that he has offered to represent farmers "pro bono" in courts of law if they wish to challenge these statutes. "It would be advisable in the larger interest of the farmers and the country that either the government issues a notification stopping the implementation of the Act till the talks take place or the Supreme Court takes up the matter and grants the stay then we can save the lives of the farmers and the agony that they are going through," the senior lawyer said….
Listen
to this kisan's views on the Modi Government
Bharat Bhushan: Short of answers or assurances; Govt unable to handle farmer protests