Chief Justice of India Surya Kant has cited judicial propriety to reject Rahul Gandhi and Mallikarjun Kharge’s request for an appointment to submit a memorandum on complaints relating to the functioning of chief election commissioner Gyanesh Kumar and the police crackdown on peaceful protests.
The CJI’s office formally released on Monday evening the letter he sent on Sunday night rejecting the plea for an appointment by the leaders of the Opposition in the Lok Sabha and the Rajya Sabha.
Justice Kant has reasoned that the issues raised by Rahul and Kharge are sub judice and pending adjudication. The CJI has said that the Supreme Court can only deal with the matter on the judicial side, and not through administrative action.
Instead, the CJI suggested that the Congress leaders file petitions, which could be considered on Tuesday when the matter comes up for hearing along with a batch of appeals on which the top court has already issued notices, including a plea for contempt action against the Union home secretary, the Delhi police commissioner and the chairperson of the Delhi Metro Rail Corporation.
Interaction with reporters on the sidelines of an event to commemorate the 33rd anniversary of the National Human Rights Commission (NHRC) at Vigyan Bhawan here, CJI Kant said on Monday: “Yeh law and order ka mudda hai. Ye mera vishay nahin hai (This is a matter of law and order; it doesn’t fall under my domain).”
He had been asked about the protests against Gyanesh in Delhi over the past few days and the associated restrictions.
The CJI, however, said the “doors of the Supreme Court are open for everybody”, asked how the Opposition leaders could put forth their grievances after he declined a meeting with Rahul and Kharge.
CJI Kant said in his written reply to Kharge and Rahul: “…I have received your letter dated 10.10.2026, requesting an appointment on Monday, 12.10.2026, between 4pm and 5pm, to submit a memorandum concerning:
(a) The Chief Election Commissioner/ Election Commission of India;
(b) The arbitrary arrest of several students;
(c) The closure of Metro stations; and
(d) The cancellation of trains, among other issues.”
The letter added: “At the very outset, it may be noted that the issues referred to hereinabove are already sub judice before the Supreme Court of India. Therefore, 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.
“In this vein, I also wish to remind you that within our constitutional framework, the Supreme Court of India is not endowed with any administrative powers to deal with the issues highlighted in your letter. However, in the exercise of our jurisdiction under Article 32 of our Constitution, along with other plenary powers, including that of judicial review, we are duty-bound to consider on judicial side the gravamen of issues affecting the citizens of India. Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India and they are entitled to seek enforcement of such rights at all hours through the part to invoke the judicial powers of the Supreme Court of India, instead of submitting a memorandum on the administrative side.
“Incidentally, some matters highlighting similar issues are scheduled for hearing on Tuesday, 13.10.2026. If so advised, you may submit your petition on Monday, either physically at the Supreme Court of India, between 10.30am and 4.30pm, or alternatively, by utilising the e-filing option, which permits filing at any time and on any day. You have my assurance that any such petition shall be heard at the earliest possible opportunity, in accordance with the law.”