CJI Surya Kant says Supreme Court doors are open amid opposition protests

CJI Surya Kant refused to meet opposition leaders over their election-related complaints. He said grievances must reach the Supreme Court through petitions, while law and order lies outside his domain.

In Short

• Kharge and Rahul Gandhi sought time to submit a memorandum
• Their demands included Kumar's resignation, paper ballots and halting roll revision
• His office cited separation of powers in refusing face-to-face discussions

Chief Justice of India Surya Kant on Monday said the "doors of the Supreme Court are open for everybody" amid protests in Delhi against Chief Election Commissioner Gyanesh Kumar and ahead of the opposition's planned "March for Democracy" to the apex court. He made the remarks after declining a meeting sought by Congress president Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi.

Asked about the situation in Delhi over the past few days and the restrictions linked to the protests, the CJI said, "Ye law and order ka mudda hai. Ye mera vishay nahin hai" (This is a matter of law and order; it does not pertain to my domain). He also said any citizen, whether a common person or a member of an elected body, could approach the Supreme Court through a petition.

The CJI was speaking to reporters on the sidelines of an event at Vigyan Bhawan to mark the 33rd anniversary of the National Human Rights Commission, hours before opposition MPs and leaders, along with hundreds of supporters and activists, began their march to the Supreme Court. They planned to submit a petition over their charge of "vote chori" and against the Chief Election Commissioner.

Kharge, who is also the Leader of Opposition in the Rajya Sabha, and Gandhi had written to the CJI on October 10 seeking a meeting between 4 pm and 5 pm on October 12. They wanted to hand over a memorandum demanding an end to alleged vote theft, the resignation of Chief Election Commissioner Gyanesh Kumar, a halt to the Special Intensive Revision of electoral rolls, and a return to the paper ballot format.

The CJI said he had declined the request. "I had received a letter yesterday, and I have given the reply. Letter was of day before yesterday, but I was out," he said. Asked about the opposition leaders seeking time to meet him, he said he had "cited some reasons" in his reply and expressed his position that he "won't be able to meet".

When asked how opposition MPs should place their grievances before the court, he said, "Doors of the Supreme Court are open for everybody." He added, "Any petition... anyone who desires, whether a common man or a member of any elected body, every citizen of India has a right to reach us. We will hear issues in consonance with the law, and whatever rights people deserve, we will grant them." Asked about the opposition's march to the Supreme Court, he said, "I will not make any comments on it."

On the contents of the communication from Kharge and Gandhi, the CJI said, "Please ask the content of the letter from them. I have maintained its confidentiality." The Congress later shared his reply on Monday. In the letter, Justice Kant declined the meeting and said discussing pending cases would be improper, asking them instead to file a petition with the court either physically or online. "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," he wrote.

The last few days have seen protests against Kumar in different parts of Delhi. Over the weekend, the capital saw heavy security deployment, closure of 45 metro stations and intensive checks at border points. Thousands of protesters, including Cockroach Janta Party leaders and former chief ministers, were detained.

The CJI was also asked about the Supreme Court not meeting the Joint Parliamentary Committee on simultaneous elections. He said, "There are more grounds on this. I have given more than one ground on this. I had said that there is a possibility of conflict of interests and the matter can come to court tomorrow. So, it was my and my colleagues' view that we should avoid any conflict of interest." JPC chairman P P Chaudhary had recently said the Supreme Court had first scheduled an "informal interaction" with the panel after its request for a meeting with judges, but later called it off as it felt that it was "not appropriate".

Earlier, in his address at the NHRC foundation day event, the CJI said, "Thirty-three years ago, Parliament created this Commission to stand guard over human dignity. In the years since, it has grown from a new idea into a trusted address for the aggrieved." He added, "If the Constitution is the promise, the Commission is one of its keepers. It goes where the court cannot easily go; it listens to those who cannot easily speak, and it can act on its own without waiting to be asked." NHRC chairperson Justice V Ramasubramanian (retd) said the CJI's decision to attend as chief guest, especially at a time when he is in "great demand", was "something remarkable". He also said the office of the CJI had become the "single most important, the most powerful, the most vibrant, and at the same time, the most vulnerable office in the country" and that it faces an "Agni Pariksha" every day, "nay, every minute".

The remarks came as multiple petitions are before the apex court amid the continuing protests in Delhi. While declining a meeting with the opposition leaders, the CJI said grievances could be raised through petitions, made it clear that law and order issues were outside his domain, and said the Supreme Court would hear matters in accordance with the law.

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