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Legalisation of Non-Narcotic use of Cannabis (Hemp) in Himachal: Policy in Making

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Cannabis Legalizatoin in Himachal Pradesh 2019

Shimla-A policy for the cultivation of Cannabis (Hemp) in Himachal Pradesh could see the light of the day as the government has hinted at legalizing it for non-narcotic use. The Excise and Taxation Department, HP, is framing a policy on the lines of neighbouring state Uttarakhand to legalize the cultivation of cannabis for the production of life-saving medicines and some other limited number of industrial products. It was confirmed by Sanjay Kundu, the Principal Secretary, HP Excise and Taxation Department recently.

Advocate Deven Khana, a resident of Shimla, has been fighting a long legal battle in the state high court. The High Court had already given a green light and directed the government to take the final decision time and gain. However, the state government has been seeking time for the past two years in the Court. In the last order of the High Court, eight-week time was given by the division bench headed by Hon’ble Chief Justice Surya Kant and again by the bench headed by Justice V Ramasubramanian (both now justices of Hon’ble Supreme Court). The petition has been heard by 4 different benches of the Hon’ble High Court i.e 8 judges, all have agreed with the submissions and have asked the state to take action.

Advocate Deven Khanna, a resident of #Shimla, currently practicing at the State High Court of HimacahlPradesh is…

Posted by Himachal Watcher on Wednesday, 24 July 2019

However, now, it is being speculated that ahead of government’s Global Investor Meets, some foreign countries have shown interest in procuring cannabis as raw material from the state for production of medicines, research, and other products.

There is a possibility that the government would consider approving this policy in the cabinet meeting to be held in November before the Investors Meet.  If legalized, this step would offer an alternative source of income to the people of rural areas like Malana, which are currently infamous for narcotic use of cannabis.

UP has already become the first state to sanction a research and development (R&D) project on cannabidiol (CBD) and tetrahydrocannabinol (THC), compounds found in cannabis. The same direction has been given by the state high court of Himachal Pradesh.

Earlier, unawareness and lack of education regarding the difference between hemp and recreational cannabis and the political link between the two, the topic of legalization had been facing criticism and state was missing a big opportunity to cash on it. Himachal Watcher (HW) had published a detailed report to clear this misunderstanding.

It’s available here. HW has also highlighted the fact as to how the legalization of hemp cultivation could revolutionize the economy of the state. 

The petition further states that the goal of such a policy would be to ultimately reduce the availability of narcotic cannabis plant to the drug market and instead make it available for non-narcotic purposes to our scientists, doctors, industrial leaders and farmers. Further, the drug problem will be checked If industrial hemp or low THC plant is grown as it will reduce the potency of wild cannabis (which is high in THC) due to cross-pollination (this has been tried in other countries and backed by research in the petition).

Must Watch: Impact of Hemp Legalisation in Himachal Advocate Deven Khanna, a resident of #Shimla, had filed a petition in the HP High Court, seeking directions to the State Government to legalise hemp cultivation in #HimachalPradesh. Owing to his battle for the legalisation, the court also gave a green signal. He created awareness among people in villages, and now a large number of panchayats are supporting him in this campaign. You must listen to Deven speaking why he is perusing a vigorous fight to legalise hemp cultivation in the State. "When the laws are more dangerous than the drug itself, a fight for civil liberties becomes necessary Stopping research and science are not only unconstitutional but a crime against evolution. The petition seeks to open the market for medical and commercial use of cannabis in the Himalayas so that the locals have some alternative source of income, patients have access to effective natural medicines, making available biodegradable alternatives to plastic," he says. #HempLegalisation #Hemp #Cannabis #CannabisLegalisations #Himachal #HPGovt

Posted by Himachal Watcher on Friday, 22 March 2019

Other Details Regarding the Petition Filed in the State High Court

Approx 8000 pages of research have been submitted from the past 2 years in the High Court and with the State government by the Petitioner Advocate.
  1. The research includes 60 peer review ‘medical hemp studies’,
  2. Comparative analysis of ‘ market projections of industrial hemp’ by various companies and foreign Governmental bodies,
  3. Projected profits for farmers, Government, and Companies for Himachal Pradesh,
  4. Comparative analysis of laws of various countries (like Canada Israel, USA, South Africa, Mexico, etc),
  5. licensing terms and conditions of different countries,
  6. Testimonials of patients especially those who suffer from cancer and epilepsy who need immediate help,
  7. The research of Indian research institutes like AYUSH, CSIR, etc,
  8. The text from Indian scriptures and mention in Ayurveda of the plant and its recorded medicinal usage from past centuries.

 

The petition states that by making Non-Narcotic use of the plant, dependent upon the Government’s discretion (through Section 10 of NDPS), makes it incumbent upon the government to take a reasonable and a rational decision. By not taking the decision, the State is violating fundamental rights and is also hampering the economic and commercial growth of the society. The Non-Narcotic use for medicines and economically/ecologically viable products has the potential of revolutionizing the economy of the State, and better the lives of people suffering from various diseases.

The petition extensively quotes various sections of the NDPS Act 1985 and its interpretation by the courts of law. The petition also goes through cases of various countries involving medicinal use of cannabis and its industrial applications where the courts have declared them to be a matter of right for citizens.

After hearing the petition and the arguments, in its  order dated 01.2018, it was directed by the Division Bench of the Hon’ble High Court that:

“Based on scientific data, writ petitioner points out that perhaps if the Executive were to rationally formulate a policy and also effectively implement the provisions of Narcotic Drugs and Psychotropic Substance Act, also with the genetic modification of the plants of cannabis, not only there would be rapid economic growth checking problem of unemployment in the rural areas, but would also reduce pollution. In fact, the larger public interest would be served with the use of the extract of the genetically modified plants for health purposes. The end product of the cannabis plants, which thus far, rather notoriously, has been used as a psychotropic substance, with proper regulation, sensitization and awareness, can be used for advancement of industrial economic growth and betterment of life of such of those persons, who in particular are suffering from cancer and neurological disorder. Perhaps, it is in this backdrop that the Central Government has also made an endeavour to formulate a policy, which is commonly known as the National Fiber Policy, 2010. The writ petitioner also points out the extensive research, so carried out by him, indicating the change in the trend, throughout the world, of putting the end product of a genetically modified plant, for medical use.”

 

Then in an order dated 07.2018 in it was directed by the Division Bench of the Hon’ble High Court that;

 

“Para 20, (ii). Government may also consider hiring services of some Research Agencies, who in turn may advise/recommend alternate use, especially medicinal use, if any, of cannabis plant grown in the State of Himachal Pradesh, so that local residents, involved in illegal trade of cannabis, are encouraged to use cannabis plants for producing some medicines or other substance which can be used legally.”

 

Then in an order dated 07.2018 in it was directed by the Division Bench of the Hon’ble High Court  again directed;

“The matter has been adjourned from time to time to enable the State Government to revisit the whole issue, take a holistic view and come out with a new policy decision. Various stakeholders and subject experts are stated to have been consulted in the process of decision making. On 23rd April 2019, the petitioner also has filed/supplied voluminous record along with DVD, containing relevant material on the issue to the State Authorities. Learned Senior Additional Advocate General seeks and is granted more time for the final decision. We have no reason to doubt that the competent Authority shall consider the entire material, including one supplied by the petitioner before taking a final decision in the matter. It shall be appreciated if the decision is taken within a period of eight weeks.”

The petition in the High Court of Himachal Pradesh is seeking two things:

1. Cultivation of Industrial Hemp (or a Non-Narcotic Plant) , about 0.3% – 1.5% THC

2. Collection by Government of Wild Himalayan Cannabis Plant, 5% – 10% or more THC (Tetrahydrocannabinoids, the intoxicating ingredients that makes you high)

Hemp and Marijuana both come from the same plant – Cannabis Sativa L. The term ‘Hemp’ commonly refers to the industrial/commercial use of the cannabis stalk and seed for textiles, foods, papers, body care products, detergents, plastics, and building materials.

The term ‘marijuana’ refers to the medicinal, recreational use involving the smoking of cannabis flowers. Industrial Hemp can not be used as a recreation drug.

Industrial hemp is a nonpsychoactive verity of cannabis which can be used for 50000 commercial products, as it does not contain THC  (narcotic compound) it can be grown like any other crop. It can be grown in rotation with apple. It grows in a cycle of 90 to 120 days and can be used to make paper (which saves cutting of trees) and bio-plastic, fibre and medicines, etc.

 Not only is Industrial Hemp useful for economically viable raw material, but it also prevents the growth of high THC plant.

The petition further states that if farmers have this alternative source of income, it will provide them with a choice of making money through the legal means,  and it will prevent them to falling pray at the hands of the illicit drug market for quick money.

The second part of the petition deals with collecting wild Himalayan cannabis and using it for medicinal purposes, as it is all on govt land or forest land, the government can collect it That wild-growing cannabis plant thus can be collected and supplied as raw material (its stock for fibre, its seeds as medicine) to industries and stakeholders. This will not only reduce the availability of the plant for drug use, but it would also generate income for the villagers (who collect) and commercial units.

Summary of Relief Sought from the High Court

First, the government should define industrial hemp (based on the percentage of THC) and authorize the cultivation and possession of industrial hemp by creating an advisory board or commission.

The petition also appeals to facilitate the cultivation, processing, and use of only industrial and medical hemp, so that the public could receive is commercial and medical benefits.

The petition seeks to authorize a state licensing or registration program for growers and seed breeders. The state departments should be allowed to collect funds for research programs, said the petition.

The government can promote research and support the development of markets for industrial and medical hemp.

The court can direct the government to collect important information on industrial and medicinal hemp to further make regulations/guidelines on easy access to open industries, scientific research labs, and institutes for Industrial and medicinal hemp use.

(The post was first published in https://lawumbrella.wordpress.com/ )

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How HP Govt Contained an Imminent Threat Successfully

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video of Farmers arrested in Shimla

Shimla-Three Punjab farmers were detained by Shimla Police on January 19, 2021, from the Ridge Shimla. The police can be seen shrouding them from media person and rushing the farmers to the Sadar Police station. A couple of media person were allegedly hackled during this process. The farmers were kept at Sadar for hours for questioning and later brought before the Magistrate. However, the scene created a stir among those who witnessed it.

Media persons were left wondering as to what these people might have done or were about to do. The body language, action, and statement of the police suggested that these three persons posed some serious threat.


Himachal Watcher tried to contact the Superintendent of Police, Mohit Chawala, to know about the matter, but couldn’t connect. However, a statement to an English Daily suggested that these three persons posed some sort of immediate and serious threat. They were booked under Section 107 (Abetment of an unlawful activity/thing) and 150 (Hiring, or conniving at hiring, of persons to join unlawful assembly).

“We had inputs about the arrival of some farmers but their credentials could not be verified. They have been detained as a preventive measure,”

the SP told the Daily. The Police is yet to reveal the nature of the intel and intensity of the threat posed by these three suspects.

This statement suggests, these three persons would have been on the radar of the police and their detention would have been of utmost importance to the police as it was gathering intel about them.

We will speak about the recovery of things made from these three suspects who had planned something big in Shimla later. 

Watching police in such aggressive action, media persons were seen running along the policemen who were taking these persons to the Station. According to media persons present on the scene, a couple of them were hackled by police. One of the officials, who was in a civil dress, allegedly threatened a media-person.

The policemen were seen trying hard to not let mics of reporters get near these persons. These suspects were seen trying to get the attention of the media and the people present on the scene. One of the suspects was even heard speaking something about “Right to Speech” in the Indian Constitution and “Democracy”.

When the suspense ended by evening, it turned out these were only three farmers who had come from Singhu border near Delhi to speak about three contentious Farm Laws passed recently by the Government of India. As per the police, a threat of a demonstration was looming large. To accomplish their purpose, they were reportedly carrying ‘banner’ about farmers’ protest. The police successfully recovered them before they could cause any damage to the people. However, the State Police, thus, the State Government successfully contained this imminent threat and saved a lot of people from exposure to the opinion of farmers on the Farm Laws. These farmers, if not stopped, would have spoken about their reasons to oppose these Laws.

The police said the Ridge Maidan, Shimla, falls under the Core area and requires prior permission to hold a demonstration/protest/events etc., which is true. These persons had obtained no such permission, thus, invited detention. Legally, this detention could be justified only if these persons were found violating this norm. The police or say the government might have their reasons to take such action. But our readers had been writing to us to ask about the activity in which these farmers were found to be indulged in at the spot. The farmers said that they were not shouting slogans nor staging a protest.  The SP Shimla, in a statement to media, said that these persons were detained before they could execute their plan.

The execution of detention aptly speaks about the urgency of detention of these farmers. The farmers’ protest is denting the reputation of the ruling party in the Centre. In case, more farmers are convinced and join the protest, it would cause more damage to the Union Government. These Laws have invited massive protest from farmers, especially from Punjab and Haryana. Farmers have been protesting for almost two months now. The farmers have even planned to hold a tractor parade on January 26 – the Republic Day. The pressure on the Government has mounted to such an extent that yesterday it agreed to pause the three Laws for the next one and half year. Before this, the Supreme Court had stayed the Laws and constituted a committee. The farmers are, however, adamant that the Laws should be repealed. The eleventh round of talks between the farmer representatives and the Government today again concluded without any agreement between two parties. So, the state Government’s concern regarding the containment of such threats can be well explained here.

As far as the persons, who were later released on bail, managed to speak to a couple of media persons – major lapse in security. They said that farmers had been going to various states to create awareness about the Farm Laws but did not receive such a treatment anywhere except Himachal Pradesh.

“We were treated like terrorists,”

they complained.

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The Story of Himachal’s ‘Friendly Leopard’ from the Viral Videos

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Viral Himachal Leopard Cub Video

Kullu-Several videos of the ‘leopard incident’ in Tirthan Valley, Kullu district, Himachal Pradesh, are going viral in India and would soon spread to international media. Anyone who is watching these videos is wondering as to how a wild predator who avoids humans, habitats, roads etc. and is a shy feline happened to be playing with people amid a huge gathering of people around him, traffic jam, and a lot of noise. It’s just like a fantasy to see a wild animal having such close, friendly contact with humans despite not being familiar with humans. Not only it was dangerous for the animal itself but also the ignorant people chasing him with mobile cams in their hands. That’s what we could infer from the response given by forest officials after watching the behavior of the people in these video clips. Himachal Watcher has also compiled several video clips of the incident.

A lot of our curious readers had been writing regarding the incident, so we talked to people who actually have knowledge regarding wildlife and animal behaviour in order to find a possible explanation for this rare leopard-man contact. It turned out, opposite to the fun people were having with this animal, it was a sensitive matter for the wildlife officials. 

We talked to the Divisional Forest Officer (DFO), Banjar, Praveen Thakur and HPFS, Sachin Sharma, who is currently posted as DFO, Great Himalayan National Park (GHNP).  Readers had been asking us questions; Where did it come from? How did it become so friendly with humans? What happened to the cub later? So we requested DFO, Banjar, Praveen Thakur, to answer these and some other important questions related to the incident. 

What you already know is that a leopard came out of the wild onto the road near Sarchi – Nagladi bridge in Tirthan valley on January 14. This belt comes under the Great Himalayan National Park. People stopped their vehicles and came out to record videos. The leopard was seen playfully grabbing different people. A traffic jam and a huge gathering of people, mostly locals, were seen in the videos. It was something that people had never seen, at least in this part of the world. 

The DFO, GHNP, also admitted that this is highly uncommon to see such ferocious wild predator getting so friendly within a few hours after contact with humans. But in this case, it was just a cub, aged about seven to eight months. 

“I haven’t seen or heard of such an incident where a wild leopard became so friendly with humans that he started to play with them. These animals are generally shy and smartest in the feline families. They avoid humans and their habitats,” he said.

When asked whether a cub of its age, considering strength and growth of nails and teeth, was capable of inflicting harm or not, he said that on sensing a threat it can. He condemned the behaviour of the people as it was not only dangerous for them but also the animal.

“Amid such a chaotic environment, the behaviour of any wild animal would be unpredictable. If not intentionally, the cub could have inflicted minor injuries to someone while playing. In that case, the reaction of people could have been hostile and things could have gone wrong,” he said.

In his opinion, this rare instance can’t be termed as a result of man-animal conflict. No other instances where these animals attacked or caused harm to humans in this region have been reported, he said.

The DFO, Banjar, Praveen Thakur said he was also surprised but also gave an explanation.

“It was an eight- to-nine-month-old cub, who got separated from its mother. The mother with its cubs lives in a nearby forest in a territory of four to five square kilometers. There was an incident of fire in the area and the cub, most probably, got separated from the mother due to it,” the DFO told Himachal Watcher.

Regarding the friendly behaviour of this cub, he said,

“Several videos are going viral on social media where the cub was looking comfortable and friendly with humans amid a crowd. Adult leopards show behavioural changes before becoming mature animals. They mostly avoid humans. But it was not an adult leopard, but just an 8 to-9-month-old cub,” he said.

“However, the cub did not get friendlier at the starting and was avoiding vehicles. As per my knowledge, for the first few hours, the cub was seen roaming around in a distress and avoiding humans and vehicles. (Watch Video). Initially, a couple of vehicles stopped to see the cub. As it was just a cub unable to hunt and survive at its own, it got friendlier after sensing that humans were not harming and, thus, were no threat. Cubs can get friendly on sensing no threat. Similarly, cubs and young offspring of several other animals can get friendlier.”

If watched video clips carefully, the cub was curious and trying to explore this new environment. But at the same time it was distressed as it had gotten separated from its mother and was in a environment not natural for it.

Citing a previous case, the DFO said,

“Not long time ago, we had rescued a bear cub. He had also become friendly within no time.”

“In the present case, we have identified the family. Mother lives in the forest not far from our Rest House. The area falls under the Great Himalayan National Park and is not far from the road. The family is not entirely unfamiliar with traffic and human movement,” he told HW.

In the current incident, he said that it’s a case of separation of the cub from mother.

A forest fire was reported in the territory of this family, and the mother or the cub got stuck somewhere due to it, resulting in a separation.”

He confirmed hearing calls from its mother. Mother would make a particular sound as a form of a call when trying to find its cubs, he explained.

He said that the department received the information regarding the presence of this cub among humans a little late. On receiving information, a rescue team was dispatched, which reached the spot within half-an-hour.

The team caught the cub with a net without much difficulty, he said. As it was healthy and had no injury or disease, it was released into its natural habitat as guidelines say that in such a case the animal should be released to its natural habitat as soon as possible to reduce distress.

He also said that teams are continuously monitoring the movement of the cub to ensure that it reunites with its mother and do not venture into human habitats or comes near the road again.

The mother and the cub are only a couple of kms distance apart. The cub would also make calls, which would help the mother find it, he said.

He rejected speculations of this cub being raised as a pet.

“His mother would have not been making calls if the cub was raised as a pet. These calls imply that the cub got separated very recently,” he said.

“After consulting wildlife experts, we have decided that in case the cub is seen venturing into human habitats or places having human presence and displaying same friendly behaviour again, then it would have to be captured and sent to the rescue centre in Gopalpur in Kangra district,” he said.

If it would grow up while remaining in friendly contact with humans, it might not get capable of attaining hunting skills to survive at its own in the wild. Moreover, these animals could inflict grieve injuries unintentionally while playing.

However, we are certain that the mother would soon find the cub. We will keep monitoring it until the mother stops making distress calls, he said.

On being asked whether this cub was capable of hurting or injuring a human, the DFO said that cubs of this age lack hunting skills, and it’s mostly after one year of age that the mother starts training them.

The DFO, however, expressed more concern over the behaviour of the people than that of the animal.

Most of these people were locals and they are often made aware about dos and don’t on an encounter with a wild animal.

“As soon as I came across the videos, I contacted a few people who were present on the spot including the Pradhan of the area and told him to ask people to stay away from the cub and to not chase him for photos and videos. I had even spoken to the local police to help manage the situation as people were not even listening to our Rangers,” he told HW.

“It was a complete nuisance that the people were creating by causing a traffic jam, chasing the cub, and trying to get close to it. We are trying to identify some people visible in the video deliberately going near the cub,” he added while informing that there are provisions of three to six months of imprisonment for those creating nuisance for or teasing wild animals, especially those protected. Leopards are protected under Schedule 1 of the Indian Wildlife Protection Act.

He urged the people to avoid wild animals if they happen to encounter them. Stay away from them, do not gather around and obstruct their path. Left alone, on sensing no threat, these animals eventually find their course and go back to their natural habitat, he said. In the current case, the situation would have led to chaos if it was a mature leopard, he said.

Even if you want to watch the animal then, at least, maintain a safe distance or remain in the vehicle, he added.

When asked whether this instance can be related to man-animal conflict and is a matter of concern or not, the DFO said,

“This can’t be termed as a matter related to man-animal conflict and isn’t a matter of concern as long as animals do not enter human habitats and kill livestock or attack humans. Moreover, such judgement can’t be made based on a single instance.”

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Farmers Welcome SC Order to Stay Implementation of Farm Laws But Suspicious About Formation of Committee

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stay on farm laws

New Delhi: The Supreme Court on Tuesday stayed the implementation of three contentious farm laws passed by the Centre Government, which has led to huge protest from hundreds of farmer groups. The stay implies that the Centre Government can’t take any executive actions based on these laws till further order. 

“The implementation of the three farm laws (1) Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; (2) Essential Commodities (Amendment) Act, 2020; and (3) Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, shall stand stayed until further orders,”

said the order passed by a panel headed by the Chief Justice of India (CJI) Sharad A Bobde on Tuesday.

Further, the MSP system would continue as it was before the enactment of the laws.

“As a consequence, the Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws,”

the order said.

With this order, the SC hoped to end the ongoing impasse over the contentious farm laws.

The farmers who have been protesting for over the last 45 days, welcomed the SC’s order.

However, at the same time, the Apex Court ordered the formation of a committee to listen to both sides and make recommendations to the court. The committee, which would comprise of Agriculture economist Ashok Gulati, Bhupinder Singh Mann, Dr Prmod Kumar Joshi, former director of National Academy of Agricultural Research Management), and Anil Ghanwat from Shetkari Sangathan, was asked to submit its report in the court within two months.

The CJI, in its order, speaking about the purpose of this “extraordinary” order, said,

“While we may not stifle a peaceful protest, we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers’ bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”

Though a stay on the implementation of laws was welcomed by protesting farmers, several unions said that they would not accept this committee and the protest will continue. They said the Government is trying to form this committee through the Supreme Court. This committee, they said, included persons who have already been justifying the farm laws. They said the purpose of this committee is nothing more than creating a diversion. The protest would be armed up and only a repeal of laws would be accepted, the unions said. 

At the same time, the SC was undeterred with these statements and said there is nothing that can stop it from forming a committee. The SC asked the farmers to cooperate with the committee.

On the other hand, the Government was more concerned about that other political parties would think of the stay as a “political victory”.

Further, the Government has also expressed apprehension about security breach due to the tractor rally planned by protesting farmers on the Republic Day.

K.K. Venugopal, Attorney General, told the court that there are reports that the farmers’ bodies may take out a tractor rally on January 26, 2021, disrupting the Republic Day Parade and celebrations However, the same was stoutly denied by Dushyant Dave, learned senior counsel appearing for a few of the farmers’ bodies on the ground that at least one member of the family of each of the farmers from Punjab is in the Army and that they would not disrupt the Republic Day celebrations.

The Court, in its order, said that several rounds of talked between farmers and the Government have failed and there was no solution in sight.

“The situation on ground is: (i) that senior citizens, women and children are at site, exposing themselves to serious health hazards posed by cold and covid; (ii) that a few deaths have taken place, though not out of any violence, but either out of illness or by way of suicide,”

the order said.

The court also lauded the farmers for carrying on the agitation peacefully without any unwanted incident.

Further, the Court orders also mentioned separate petitions filed by individuals/residents of the NCR complaining of blockade of roads/highways leading to Delhi and terming it an infringement of the fundamental rights of other citizens to move freely and to carry out trade and business.

Stay on 3 Farm Laws and Formation of Committee: Read Full Order of Supreme Court

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