In his refusal to meet Congress leaders Rahul Gandhi and Malikarjun Kharge, Chief Justice of India Surya Kant said that a meeting to discuss issues already pending before the Supreme Court would go against the principle of separation of powers.
The letter, accessed by India Today TV, outlines why the CJI turned down the Congress leaders’ request for an appointment on Monday to submit a memorandum ahead of the INDIA bloc’s planned march to the Supreme Court over its demands concerning Chief Election Commissioner Gyanesh Kumar.
In his letter, CJI Kant said the issues raised in their request were already sub judice and that discussing pending cases in a meeting would be incompatible with judicial propriety.
“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,” he said.
Further in the letter, CJI Kant clarified that the Supreme Court did not have administrative powers to address the issues highlighted by the Congress leaders. He, however, stressed that the court was duty-bound to consider matters affecting citizens’ rights through judicial proceedings.
“The Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India,” the letter said, adding that citizens were entitled to seek enforcement of these rights through the procedure established by law.
The CJI went on to say that it would be more appropriate for Gandhi and Kharge to invoke the Supreme Court’s judicial powers rather than submit a memorandum on the administrative side.
He also pointed out that matters involving similar issues were scheduled to be heard on Tuesday.
“If so advised, you may submit your petition on Monday, either physically at the Supreme Court of India, between 10.30 a.m and 4.30 pm, or alternatively, by utilising the e-filing option, which permits filing at any time and on any day,” the letter stated.
The CJI assured the leaders that any petition filed would be heard at the earliest possible opportunity, in accordance with the law.
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