Must explain conduct: SC pulls up Rahul Gandhi over protest march to top court

CJI Surya Kant said 'nobody can browbeat' the judiciary as the Supreme Court issued notices to the Centre and the Election Commission (ECI) on petitions filed by Rahul Gandhi and Owaisi

In Short

• Chief Justice of India Surya Kant says nobody can browbeat the judiciary
• Notices issued to CEC, ECI on pleas over alleged SIR irregularities
• Seeks Centre's reply on denotification of Jantar Mantar as protest site

Strongly objecting to his conduct, the Supreme Court on Thursday pulled up Rahul Gandhi over his march to the top court on October 12 and asked the Leader of the Opposition to explain his actions. Referring to the opposition's protest march to the Supreme Court and the ensuing chaos, Chief Justice of India (CJI) Surya Kant said "nobody can browbeat" the judiciary.

The top court issued notices to the Congress, Rahul and other INDIA bloc leaders on a petition filed by four lawyers raising concerns over their march to the Supreme Court. Separately, notices were also issued to the Election Commission (ECI) and the Chief Election Commissioner (CEC) on petitions filed by the INDIA bloc and AIMIM's Asaduddin Owaisi over alleged irregularities in the SIR exercise.

"Issuing notice does not mean that we are condemning anything. But one objection, before that. We would like to ask one of the petitioners about his conduct on the next date of hearing," the CJI told senior advocate Kapil Sibal, who appeared for Rahul.

The CJI's observation came after Solicitor General Tushar Mehta and senior advocate Gaurav Bhatia mentioned the October 12 march.

"It is unacceptable that this court is seized with a political procession. It should not have happened," Bhatia said. To this, the CJI responded, "Nobody can browbeat the judiciary."

"These are feeble attempts that nobody takes note of. We are not sitting in an ivory tower. We are aware of things," the CJI further said.

RAHUL'S PLEA BEFORE THE SUPREME COURT

The Congress MP and top leaders of the INDIA bloc marched towards the Supreme Court on Monday as the opposition escalated their campaign for the removal of Gyanesh Kumar and scrapping of the SIR.

Later, Rahul entered the Supreme Court to personally file a joint petition challenging the ECI's decisions on the SIR exercise, which has so far excluded about 13 crore voters across India.

However, since the Supreme Court registry was about to close, the petition was eventually filed through lawyers. The incident led to a huge crowd and commotion within the SC precincts. This is what might have irked the CJI.

The opposition petition also sought a complete disclosure of "files, agendas, minutes, and objections" recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi on the SIR.

It assumes significance against the backdrop of an Indian Express report that flagged conflict within the ECI itself over the revision of voter rolls.

The march to the Supreme Court came after CJI Surya Kant declined the opposition's request for a meeting last week. He had advised them to pursue the legal route instead.

ISSUES NOTICE ON JANTAR MANTAR MOVE

Separately, the top court also sought the Centre's reply on pleas challenging the move to denotify Jantar Mantar as a protest site. The CJI said the court would examine whether the Delhi Police "applied its mind" before the move.

"We are issuing notice to the Centre, Delhi Police, seeking their reply. Let them reply. If it doesn't satisfy, then the law will run its course," the top court said.

The move to denotify Jantar Mantar as a protest site came days after a protest call by the Cockroach Janta Party (CJP) against the CEC led to chaos and detentions of over 3,000 people.

With the OG protest site off limits, the Delhi Police, which comes under the Union Home Ministry, proposed three alternative sites - Ramlila Maidan, Burari Ground and CBD Ground.

However, the sites are not only farther from Parliament, but also come with their own set of challenges. You can read about it in detail here.

During the hearing, senior advocate Mukta Gupta, appearing for the petitioners, argued that a protest site must be one where agitators can be heard. Senior advocate Gopal Sankaranarayanan sought restoration of the site's notification.

However, Solicitor General Tushar Mehta argued that the decision was based on a committee report and was not arbitrary. "The committee was constituted much before. The committee has given a detailed report," SG Mehta said.

DELHI POLICE CHIEF APOLOGISES IN CONTEMPT CASE

Meanwhile, before the hearing on the pleas against the SIR, Delhi Police commissioner Anurag Kumar tendered an apology to the Supreme Court in a contempt case filed against him over the restrictions imposed in central Delhi during the October 10 CJP protest.

Central Delhi turned into a fortress before October 10, with an unprecedented 23,000 security persoennel deployed to keep the protesters at bay. While the protest failed to have much of an impact, the massive security clampdown and closure of 45 metro station gates sparked furore.

This despite the Supreme Court directing the Delhi Police to not impose any blanket travel restrictions. However, a contempt petition was filed on Sunday, alleging that the court's order was violated.

In his affidavit, the Delhi top cop said "internet facilities were working unhindered" and those detained were kept in makeshift centres, given "hot, fresh and good meals" and let go within two to six hours.

- Ends