Supreme Court Issues Notice to Congress, Rahul Gandhi Over March to Court and Post Against CJI
Bench seeks responses on plea seeking restrictions on political demonstrations near court premises but declines to issue notice on contempt proceedings for now
New Delhi: The Supreme Court on Thursday issued notices to the Congress party, Rahul Gandhi and other INDIA bloc leaders on a petition seeking restrictions on political demonstrations inside and around court premises following the opposition march to the Supreme Court on October 12.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought responses from the leaders on a petition filed by four lawyers. The petition raised concerns over the march and the entry of political leaders into the Supreme Court Registry to submit a petition concerning alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The petitioners have sought directions to regulate processions and protests near the Supreme Court and High Courts. They have also requested contempt proceedings against the Kerala unit of the Congress over a social media post directed at the Chief Justice.
Senior advocate Gaurav Bhatia, appearing for the petitioners, argued that demonstrations should not be allowed to undermine the functioning and dignity of the judiciary. He referred to a memorandum reportedly signed by around 200 lawyers expressing concern over what they described as attempts to pressure the judiciary.
Responding to the submissions, CJI Surya Kant said the judiciary was aware of statements being made outside the courtroom as well as arguments presented before it. He also stated that nobody could intimidate or pressure the judiciary.
However, the court did not issue notice on the request for contempt proceedings at this stage. The Chief Justice clarified that notices were being issued on the other prayers and that the matter would be considered further after the responses were received.
The petition followed a post published on October 12 by the official X account of the Kerala Pradesh Congress Committee. The post called on the Chief Justice to resign if he could not address law and order concerns and said a replacement could be found. The petition also referred to a post by Trinamool Congress MP Mahua Moitra that commented on the Chief Justice.
The lawyers argued that such statements could be interpreted as attempts to pressure a sitting Chief Justice. They also cited constitutional provisions governing the removal of judges and questioned the suggestion that a political party could choose the Chief Justice’s replacement.
The respondents named in the petition include the Union government, the Congress party, Rahul Gandhi, Congress president Mallikarjun Kharge, the Kerala Pradesh Congress Committee, Mahua Moitra and Samajwadi Party chief Akhilesh Yadav.
The Supreme Court’s notice seeks responses to the petition. It does not amount to a finding that the respondents have committed contempt of court.