CJI Surya Kant States SC Remains Accessible During Opposition Protests

The CSR Journal Magazine

Chief Justice of India Surya Kant affirmed that the Supreme Court is accessible to all individuals, stating, “the doors of the Supreme Court are open for everybody.” This declaration came amid ongoing protests in Delhi concerning Chief Election Commissioner Gyanesh Kumar, coinciding with the opposition’s planned demonstration, termed the ‘March for Democracy.’

The remarks were made following a request from Congress leaders for a meeting, which Justice Kant declined. The CJI stated that any citizen, regardless of their background, has the right to submit a petition to the Supreme Court. Engaging with reporters after an event at Vigyan Bhawan marking 33 years of the National Human Rights Commission, he reiterated that the Court welcomes petitions from everyone, including ordinary citizens and elected representatives.

When probed regarding recent events and the restrictions associated with the demonstrations, the Chief Justice indicated that these matters are related to law and order, which falls outside his jurisdiction. He emphasised that individuals seeking to present grievances are encouraged to approach the Court as necessary.

Opposition Requests and Court’s Response

Congress President Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi had formally requested a meeting with the CJI to address allegations of “vote theft” and to discuss the conduct of the Chief Election Commissioner. In their communication dated October 10, they expressed the intention to submit a memorandum containing demands, including the resignation of Gyanesh Kumar and a reversion to the paper ballot system.

Justice Kant explained that he had responded to the request, citing reasons for not meeting with the opposition leaders. He acknowledged their letter, which had been dated a day earlier, but mentioned that he was unavailable at the time due to prior commitments. Furthermore, he advised that matters of this nature should be presented through formal petitions, either online or in person.

In his correspondence to the opposition leaders, the CJI highlighted the principle of Separation of Powers, asserting that discussing pending cases in such meetings would contradict established judicial propriety. He stated that it is vital to maintain confidentiality regarding correspondence to uphold judicial ethics.

Security Measures Amid Protests

Recent days have witnessed significant protests across various locations in Delhi against Chief Election Commissioner Gyanesh Kumar. In response, authorities heightened security measures, leading to the temporary closure of 45 metro stations and rigorous checks at border points. Numerous protesters, including prominent political figures, were detained as demonstrations unfolded.

The Chief Justice was also questioned about the Supreme Court’s decision not to convene with the Joint Parliamentary Committee regarding simultaneous elections. He indicated concerns over potential conflicts of interest, asserting that it was a collective view among judicial members to avoid any such scenarios that could jeopardise the impartiality of the Court.

During a separate address at the NHRC’s foundation day event, Justice Kant spoke about the Commission’s role in safeguarding human dignity, remarking on its evolution from a new initiative into a critical entity for those seeking redress. He noted the ability of the Commission to address issues directly and promptly, contrasting its active role to that of the Court.

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