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Rahul Gandhi, Opposition Move SC Against Gyanesh Kumar; Congress Shares CJI’s Meeting Refusal Letter

Rahul Gandhi and Opposition leaders approach the Supreme Court against CEC Gyanesh Kumar Gupta after the CJI rejects their meeting request.

Rahul Gandhi, Opposition Move SC Against Gyanesh Kumar; Congress Shares CJI’s Meeting Refusal Letter
Rahul Gandhi, Akhilesh Yadav and other Opposition leaders during the ‘Chalo Dilli’ march towards the Supreme Court in New Delhi on October 12. | Courtesy: X/Congress

Congress MP Rahul Gandhi, along with other Opposition leaders, filed a petition in the Supreme Court against Chief Election Commissioner (CEC) Gyanesh Kumar Gupta on Monday (October 12). The move came a day after Chief Justice of India (CJI) Surya Kant turned down their request for a meeting, saying that issues similar to those raised by the Congress were already listed for hearing in the Supreme Court and that convening a meeting to discuss them would contravene the principle of separation of powers and be “incompatible with established ethics and judicial propriety”.

The Congress leaders were accompanied by party workers from several states, along with members of other Opposition parties. Prominent leaders, including Samajwadi Party chief Akhilesh Yadav and JMM leader Mahua Maji, were among those seen at the ‘Chalo Dilli’ march. Thousands of people joined the march in Delhi amid heavy barricading and the deployment of security personnel.

CJI Says Meeting Would Violate Separation Of Powers

The CJI urged the two leaders to approach the court through a petition, noting that similar issues were scheduled to be taken up on Tuesday as well. “At the very outset, it may be noted that the issues referred to hereinabove are already sub judice before the Supreme Court of India. “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.

“In this vein, I also wish to remind you that within our constitutional framework, the Supreme Court of India is not endowed with any administrative powers to deal with the issues highlighted in your letter,” he said.

CJI Urges Congress Leaders To File Petition

The Congress shared the letter on Monday on its official handle of X, formerly Twitter. It read, "However, in the exercise of our jurisdiction under Article 32 of our Constitution, along with other plenary powers, including that of judicial review, we are duty-bound to consider on judicial side the gravamen of issues affecting the citizens of India".

The CJI reiterated the Supreme Court’s commitment to preserving and protecting the fundamental rights of every Indian citizen, adding that citizens are entitled to seek the enforcement of these rights at all hours through the procedures 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,” he said.

The CJI noted that matters raising similar concerns were scheduled for hearing on Tuesday and said the leaders could submit their petition on Monday, if they so wished. He said the petition could be filed physically at the Supreme Court between 10.30 am and 4.30 pm or through the e-filing facility, which allows submissions at any time and on any day. “You have my assurance that any such petition shall be heard at the earliest possible opportunity, in accordance with the law,” the CJI added.


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