NEW DELHI (TIP): The Supreme Court on Thursday, December 17,  said farmers have a constitutional right to continue with their “absolutely perfect” protest as long as their dissent against the three controversial agricultural laws does not slip into violence.

“We recognize the right to protest. There is no question of curtailing it. But it should not damage anybody’s lives,” a Bench led by Chief Justice of India (CJI) Sharad A. Bobde observed. The court, however, said the purpose of the protesting farmers would not be served if they continued to sit without engaging in talks.

“Yes, there is a protest that is going on… Yes, the protest is constitutional as long as it does not damage property and lives. It is an absolutely perfect protest. But their [farmers’] purpose cannot be realized if they continue to sit without talking,” the CJI observed.

The court reiterated its suggestion of forming an “impartial and independent committee” of experts in agriculture to hear both farmers and the Union government on the laws.

“If their [farmers] protest has a purpose other than just to sit in protest, we are thinking of an independent committee before whom both sides can state their case while the protest goes on… The committee can give its opinion after hearing them. We expect parties [farmers and government] to follow the committee’s opinion. Meanwhile, the protest will continue without causing violence or damage on both sides,” Chief Justice Bobde suggested.

Senior advocate P. Chidambaram, for Punjab, from where most of the protesting farmers hail, said the farmers actually wanted the Parliament to discuss amendments to the three laws.

Most farm leaders are not in favor of impleading themselves in the case, they said.

“After a meeting of the committee plus the Punjab leaders this afternoon, the Samyukt Kisan Morcha has decided to consult with four senior Supreme Court lawyers — Dushyant Dave, Prashant Bhushan, Colin Gonsalves, and HS Phoolka — before taking any position on the case,” said K.V. Biju, national coordinator of the Rashtriya Kisan Mahasangh. Farm leaders are worried about the legal precedent set during the protests against the Citizenship Amendment Act (CAA) earlier this year. “When a PIL was filed on the anti-CAA protests, the court gave the order to vacate them. If the same thing happens, that will damage our movement,” said one leader, who did not wish to be named.

They also argued that this issue is the domain of the executive, not the judiciary. “The grammar of democratic governance must be articulated by the Government. Constitutional institutions like courts exist for checks and balances, not as replacement of the obligations to be performed by the political executive,” said a statement from the All India Kisan Sangharsh Coordination Committee.