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.