Chief Justice of India (CJI) Surya Kant has declined a request from Congress president Mallikarjun Kharge and Leader of the Opposition in the Lok Sabha Rahul Gandhi for a meeting to submit a memorandum on alleged electoral discrepancies, the functioning of the Election Commission of India (ECI) and the protests against Chief Election Commissioner Gyanesh Kumar.
In a letter released on Monday, the CJI said the issues raised by the Congress leaders were already before the Supreme Court and should be pursued through judicial proceedings. He added that the court did not have the administrative authority to address the concerns outlined in their memorandum, although it remained duty-bound to protect citizens’ rights through its judicial jurisdiction.
“Convening a meeting to discuss pending cases would wholly contravene the principle of separation of powers, an intrinsic facet of the basic structure doctrine of the Constitution of India, and would be incompatible with the established ethics and judicial propriety,” Kant said.
CJI suggests approaching the court through judicial proceedings
The Congress leaders had sought an appointment between 4 pm and 5 pm on Monday to submit their memorandum. Their concerns included the functioning of the ECI, alleged arbitrary arrests of students, the closure of metro stations and the cancellation of trains.
Kant said the Supreme Court remained committed to safeguarding the fundamental rights of every citizen. He added that people could seek enforcement of those rights through procedures established by law.
“It would thus be more appropriate on your part to invoke the judicial powers of the Supreme Court of India, instead of submitting a memorandum on the administrative side,” the CJI wrote.
He also informed the Congress leaders that cases raising similar issues were scheduled for hearing on Tuesday. They could file a petition on Monday, either physically at the Supreme Court between 10.30 am and 4.30 pm or through the court’s electronic filing facility.
“You have my assurance that any such petition shall be heard at the earliest possible opportunity, in accordance with the law,” Kant said.
Request came amid protests against the Election Commission
The request for a meeting came amid protests organised by the Cockroach Janta Party (CJP) in Delhi on October 10. The demonstrators demanded the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The authorities imposed extensive restrictions across the national capital in preparation for the protests. The gates of 45 metro stations were ordered shut, trains entering the city were cancelled, and more than 40,000 personnel from Delhi Police and the Central Armed Police Forces (CAPFs) were deployed.
Nearly 4,000 people, including students, journalists and civil society members, were detained in Delhi during the crackdown.
Shivraj Singh Chouhan calls Congress move ‘drama’
Reacting to the CJI’s decision, Union minister Shivraj Singh Chouhan criticised the Congress, saying that there was a prescribed procedure for meeting the Chief Justice of India.
“There is a proper procedure one has to follow to meet the CJI. All that the Congress is doing is drama,” Chouhan said.