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BEFORE HON’BLE APEX COURT OF INDIA
Through
Hon’ble Committee to Settle Controversy over
THREE AGRICULTURAL BILLS.
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Hon’ble Chairman and Members of the Expert
Committee,
Appointed by Hon’ble Apex Court of India
To analyze the Constitutionality of the three
Agri-Acts.
Subscriber of this memorandum begs to submit as
under.
I am thankful for the admission of my view
point.
1.
Before submitting my viewpoint about the
bill and opinion about the circumstances, it
will be logical to introduce myself to Hon’ble
Panel.
2.
Myself named Harbans Singh Jalal Village
Jalal, Distt Bathinda, Punjab, belongs to the
Jat Sikh community of Punjab. Jat Sikh Community
holds majority in Punjab. I am the president of
“Punjab Farmers Form” constituted in 1970. I had
been member of Punjab Vidhan Sabha twice, Member
Agricultural Price Commission of India and
Director Indian Agricultural Research Institute
Pusa New Delhi. I also constested Rajya Sabha
against ShriMati Ambica Soni from the Punjab
Vidhan Sabha constituency, during emergency.
However Soni Ji was declared elected unlawfully,
but I got relief from Hon’ble Punjab and Haryana
High Court. She was neither voter of Punjab, on
the day of nomination, nor has her covering
candidate.
3.
I am Farmer (called Kisan) having 60
acres land under my cultivation, under different
names of my family members.
4.
That notification issued by Hon’ble Apex
Court was not available to me, but to my
opinion, the status of this Hon’ble Panel is not
just like a subordinate court to prepare case
for the senior court, but as of coordinator
between India Goverment and the Agitating Kisans
of Punjab, to settle the demands of agitating
Sikh peasantry of Punjab. Hence jurisdiction of
this Hon’ble panel is not only to examine the
Constitutionality of the three Agri-Acts. But to
give advice to India Government, through the
directive of Hon’ble Apex Court, to settle this
major hurdle of negotiation, pending for 2
months, passing through 10 meetings, after
hearing the agitating Kisan Leaders, other
farmer unions, experts and individuals.
5.
Relating to the constitutionality of the
two new bills and one amendment, I will not
point my finger on any clause or sub clause of
the Bills. Because constitutionality of the bill
was the matter before the Government and about
40 leaders of the agitating Kisans even more
than 50 hours of ten meetings. To me all the
bills as passed by the parliament and admitted
by Hon’ble President are flawless, until those
are rebutted. Kisan leaders totally failed in
rebutting the cases; hence they admitted that
the goal is in favor of the government. They did
it motivated or innocently, they know better.
6.
Hon’ble Apex Court cannot dismiss the
agri-laws unless it is contrary to the
constitution of India, until those are injurious
to any community or religion, or there is a
major flaw in the construction of the laws.
Leaders of the agitators could not bring a
single defect on the record. They even refused
to discuss the clauses and sub clauses of the
acts. On the other hand government made stress
on the discussion on defects of the act, if they
find out any one.
7.
Kisan leaders even not uttered a single
word to point out any defect. But shut their
mouths, covering with their hands. All this
activity was recorded by installed cameras. By
this way government made his case very strong,
if case goes before the Hon’ble Supreme Court.
Under such condition, where there is no
rebuttal, in the negotiation proceedings of 10
meetings, Hon’ble SC will not prefer to
interfere in the matter of Parliament.
8.
Relating to the grievances raised before
the social media by agitating Kisan Leaders,
Agriculture Minister has settled all, by
promising to them, the alternatives for their
grievances such as: APMC will continue, MSP will
continue and central government will enhance it,
State Government can appoint the board to
register the sponsors, State Government can
impose any levy duty tax on the sale of crop,
State Government can make law to impose penalty
if any sponsor purchase the crop of kisan at
lower rate, than the fixed MSP, etc. etc. There
is no logic to discuss the bill repeatedly.
9.
The question to consider the validity of
the bill is out of question as some states has
admitted and some implemented the acts. For
specimen, Delhi Government has admitted the
bills in his Vidhan Sabha and Punjab Government
has implemented the bills by purchasing about
50,000 tons of Jhona from UP, Bihar and other
states. Hence repealing of the bills at this
juncture, may create some technical problems.
10.
All the other objections raised by the
critics of the bill becomes baseless as the
ruling NDA Government has complete majority in
the joint session of parliament. Government was
fully competent to pass the bills in joint
session, even returned back by the Rajya Sabha.
11.
Some articles of Indian constitution
support the central view, that central
Government is entitled to pass the Agricultural
Bill. No need to discuss those, clause by
clause.
12.
Now Kisan Leaders have declared before
the press, that they will not submit their
argument neither before the Hon’ble Panel nor
before Hon’ble Apex Court. Hence the Hon’ble
Panel and Hon’ble Apex Court have to presume
that the bills are flawless. Some Kisan leaders
declared that they will continue the agitation
even to march 2022, the time of assembly
election in Punjab. This declaration also
weakened the case of Kisan Leaders. Because: it
proves that real motive of agitating Kisan
leaders in not the Kisan reliefs, but purely to
share political power, by converting the
sentiments of Sikh peasantry, against the BJP,
in favor of S. Badal, Captain Sahib and Shri
Kejriwal.
13.
But question before this Hon’ble Panel is
not only the constitutionality, analyses, or to
find the draw backs of the bills, but to
consider the circumstances, social justice,
Natural Justice and fair adjudication, under the
strange and powerful wave of agitation,
specifically not from the Kisan Unions of the
Punjab, but the peasantry of Punjab, considering
the points relating to the real implementation
of the acts and their goal to double the income
of the Kisan in the coming year of 2021-22.
While Lakhs of diaspora relating to the
peasantry is agitating violently and has blocked
the major roads of Delhi, even suffering swear
cold and rain.
14.
It is not the grievances of the Punjab
Kisans but fears of advent of more sufferings,
more hurdles, those may make the farmer of
Punjab an encourage less beggar. Punjab Kisan
deserves to be considered, as up to 1978 the
economy of Punjab was on the top of the list of
Indian states. Now Punjab is on sixteenth
number, even lacking behind sharply. Punjab is
purely agro based state. Major Industry of
Punjab has been shifted to Himachal, Haryana or
some other states, due to corrupt practices of
Badal regime. Badals ruled Punjab for 18+ years.
UPA Government did not take notice of the miss
rule, due to proximity of Badal’s with Giani
Zail Singh and Sardar Manmohan Singh. Due to
such corrupt practices, Agriculture of Punjab
totally failed in competition with other states
of India.
15.
Badal’s remain ally of NDA regime even
for 50 years since 1970. Due to that
responsibility also falls on NDA Government to
provide some healing reliefs, to restore the
economy of Punjab, specifically considering the
contribution of Punjab, during Independence
struggle, Bangladesh struggle and so many other
matters of gallantry and services, to the Indian
nation.
16.
To my opinion, agitation of Punjab
peasantry is not against bills, but for their
survival. 99% of Punjab farmers are Sikh, that
hatred congress for the 84 killing that was
motivated and organized by Rajiv Gandhi. Sikh
peasantry is also against Badals for
destruction
of Akal Takhat, they feel it was caused by
Badals. They are anxious about Kejariwal. Their
fear is that if Kejriwal captured Punjab he will
be big harm to Punjab, due to his favors to his
birth place Haryana and the state of Delhi, that
is under his rule, by so many styles of
scandals. Intelligentsia of Punjab has minutely
watched the greedy practices of Kejriwal and his
allies during their Delhi rule.
17.
Due to that intelligentsia of Punjab was
expecting some relief from Modi Government. But
problem is the hatred, created by Badal’s,
against RSS and Hinduism. Badal family on one
side enjoyed unbounded power and looted Punjab
by becoming partner of NDA. On the other side,
he encouraged the radical element to make
turmoil, so that he may convince the NDA (and
even UPA through Manmohan Singh) that in Punjab,
there is only S Badal that can keep the Punjab
under the control, otherwise Punjab is on the
verge of separatism.
18.
SGPC controlling the Akal Takhat Sahib,
and thousands of Sikh Gurdwara’s is under
control of Akalies, specifically Badal’s, for
more than 50 years. The shrines have preachers
in Lakhs, those generally criticize Hinduism and
preached separatism, under secret directions of
Badals, during preaching Sikhism. Under such
circumstances, psychologically adverse opinion
was created in to the innocent minds of Sikh
peasantry. Such Mesmerism of S Badal is so
powerful, that no one agrees to consider the
argument about reality.
19.
It is the anecdote that patient can not
heal himself without the love and mercy of the
doctor. Hence Modi Sahib and AmitShah Ji may
settle the fears of Sikh Peasantry of Punjab, by
providing some healing touches to them. There
are so many ways to provide healing touches and
relief. Major Healings are possible by making
BJP Government in Punjab, sported by some
neutral personalities and associations those are
not committed to S. Badals, Captain Sahib and
Shri Kejriwal. Support by some Kissan Unions is
also possible, if those are assured to fulfill
their demands.
20.
There are so many Major Pre-Government
reliefs those can restore the economy of the
Punjab and also prove paying to the central
Government. One of them is free trade of wheat,
between Punjab and western Asian Countries;
those are neither committed to Russia, nor
joined the European Union. Most of them are oil
rich countries. They are willing to procure
wheat at any cost, even at the double price or
more.
21.
If India purchases oil from them through
OPEC by payment through Dollars or Pounds, then
they are bound to obey the rules of OPEC,
consisting 13 oil producing countries. If India
takes oil in exchange of wheat, then they can
give more oil, even to double, under United
Nation’s “Oil for Food” program. Then they are
not bound to rules of OPEC.
22.
To my information, a Private “Free Trade
Zone” is flourishing in Gujrat State. Similar
“Free Trade Zone of wheat” can be established
near Shaheed Bhagat Singh Memorial, at
Husainiwala, adjoining Ferozepur. Western Asian
Countries such as: Iraq, Iran, Saudi Arabia,
Turkey, UAE, Bahrain, Kuwait, Katter, Dubai,
Afghanistan, Turkmenistan, even Pakistan, surely
participate in the “Free Trade Zone of wheat”.
Ukraine and Moldova may be included to get Dry
fruits, Hopes, and Branded Liquor, to get rid
from congress driven distilleries, those caused
deaths in hundreds, again and again.
23.
India is signatory of Free Trade
Agreements with Afghanistan, Bangladesh, Bhutan,
Cyclone, Chile, Korea, Maldives, Burma, Nepal,
Singapore, Lanka, Thailand, Argentina, Brazil,
Prague, Uruguay, Venezuela, South Asian Free
Trade Area, and Pakistan. But not have free
trade agreement with oil producing countries,
mentioned in above para, except Pakistan.
Reduced diesel price may prove tonic for
peasantry of Punjab.
24.
Punjab is the only wheat producing state
of India. (U.P. is the major rice producing
state.) Above said proposals can win the
confidence of voters of Punjab. That may ensure
the win of BJP in the state. I had been
legislator from Akali Dal Badal. I am not member
or worker of BJP. My pleading is that the state
had been oppressed by captain and Badals for
long time. Industrialist and Business men were
forced to migrate to other states. The Hindu
Voters of the state are also allergic from
congress and Badals. They may prefer BJP regime.
It is possible if confidence of peasantry be
winned over by some reliefs from central
government.
Those reliefs may prove boon for the BJP,
to win the loyalty of Sikh Peasantry.
25.
There are some hurdles to implement such
reliefs, those can win the confidence of
Punjabis, specifically of Sikh Peasantry and
provide the lot of economic gain to India
Government. That the Badals had grabbed, so many
amounts from some investors in Punjab. Dealings
with them may be strained. Agreements with them
have to be reviewed.
26.
That at last I feel it will be relevant
to explain that some agitating Kisan Unions
belong to Bhartya Kisan Union founded by
Chaudhary Charan Singh. Some other Unions
relates to landless cultivators and toiling
labor. Chaudhary Sahib, was the initiator of
great reliefs to Kisan Community by providing
consolidation of scattered parts of their small
holdings and redemption of Malia. Chaudhary was
also initiator of great relief to cultivating
peasantry and agriculture labor by introducing
the law of land dispersion of big landlords.
Landless and laborer were made owner of land.
27.
Now successors of the Kisans and the
laborer class is before your honor, asking for
justice, required for their survival. Hence this
Hon’ble Panel is requested to make direction to
Modi Government to provide justice and every
possible relief to both classes, following
Chaudhary Charan Singh, being the successor of
him, as he was elected as PM of India by the Lok
Dal, that remain power partner with BJP.
28.
Prayer is also made before Hon’ble Apex
Court, through this Hon’ble Penal, to give
direction to Union Government to allow the
Punjab Government to enter into Free Trade
Agreement with the countries mentioned above in
Para 22, or settle the Free Trade Zone at the
memorial statue of Shaheed Bhagat Singh at
Husainiwala Border. Circumstances prove that
present tussle between government of India and
the agitating Kisan Leaders is not possible to
be settled. Hence third formula is the only
remedy, leaving the present behind.
Submitted on 21/01/2021, By:
Harbans Singh
Jalal,
President: Punjab Farmer’s Form.
98725-35400, 98720-20400.
harbansjalal@gmail.com.
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