The issues raised are already before the Supreme Court and should be pursued through judicial proceedings, Chief Justice of India (CJI) Surya Kant said in a letter to Congress president Mallikarjun Kharge and leader of the Opposition in the Lok Sabha Rahul Gandhi, declining their request for a meet to submit a memorandum concerning the alleged electoral discrepancies and the ongoing protests against the Chief Election Commissioner.
CJI Kant added that the top court does not have administrative powers to deal with the issues highlighted by Kharge and Rahul, though it is duty-bound to consider matters affecting 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,” the CJI said in the letter, released on Monday.
The Congress leaders had sought an appointment between 4 pm and 5 pm on Monday to submit a memorandum concerning the functioning of the Election Commission of India (ECI), the alleged arbitrary arrest of students, the closure of metro stations and the cancellation of trains.
The request came as the Cockroach Janta Party (CJP) organised protests in Delhi on October 10, demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar over alleged irregularities in the special intensive revision (SIR) of electoral rolls. Authorities imposed curbs without precedent in Delhi, ordering the gates of 45 metro stations shut, cancelling trains into the city and deploying more than 40,000 Delhi Police and Central Armed Police Forces (CAPFs) personnel. Nearly 4,000 people were detained in Delhi including students, journalists and civil society members.
The CJI said the Supreme Court remains committed to protecting the fundamental rights of every citizen and that people are entitled to seek enforcement of those rights through the procedure 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,” he said in the letter.
CJI Kant further noted that matters raising similar issues were scheduled for hearing on Tuesday and said that the leaders could file a petition on Monday, either physically at the Supreme Court between 10.30 am and 4.30 pm or through its e-filing facility. “You have my assurance that any such petition shall be heard at the earliest possible opportunity, in accordance with the law,” he added.
Reacting to the development, Union minister Shivraj Singh Chouhan said, “There is a proper procedure one has to follow to meet the CJI. All that the Congress is doing is drama.”