Chief Justice of India Surya Kant on Sunday declined a request from Congress president Mallikarjun Kharge and Leader of Opposition in Lok Sabha Rahul Gandhi for a meeting over the ongoing row surrounding the voters list and the Election Commission, saying the matter is already before the top court and should be pursued through judicial proceedings.
In a letter to the Congress leaders on Sunday, CJI Kant said 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.
He also said the top court does not have administrative powers to deal with issues raised by the Congress leaders, though it is duty-bound to consider matters affecting citizens' rights through its judicial jurisdiction. He said the court remains committed to protecting the fundamental rights of every citizen and that people are entitled to seek enforcement of those rights through 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, CJI Kant wrote.
He further noted that matters raising similar issues were scheduled for hearing on Tuesday and the leaders could file a petition on Monday, either physically at the Supreme Court between 10.30am and 4.30pm 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.
Rural development minister Shivraj Singh Chauhan said a proper procedure has to be followed to meet the CJI, adding that all that the Congress is doing is drama.
There was no immediate reaction from the Congress at the time of filing this report but Gandhi, earlier in the day, said INDIA bloc leaders will march to the Supreme Court on Monday and file a petition against the poll panel chief and vote chori. Addressing a press conference at the Indira Bhawan headquarters of the Congress, he also asked the Chief Election Commissioner Gyanesh Kumar to turn approver and resign as the Opposition's fight was against the bigger powers that were behind him.
The Congress has been seeking Kumar's resignation over alleged irregularities in the Special Intensive Revision of electoral rolls. Party leaders had sought an appointment between 4pm and 5pm on Monday to submit a memorandum concerning the functioning of the Election Commission, the alleged arbitrary arrest of students, the closure of metro stations and the cancellation of trains. The request came as demonstrations were organized in Delhi, demanding Kumar's resignation, with thousands detained including students, journalists and civil society members.