Chief Justice of India (CJI) Surya Kant on Monday said the Supreme Court should not be “dragged into any politics” amid the ongoing protests against the alleged crackdown on demonstrators in Delhi, urging lawyers to ensure that the functioning of the top court and the movement of lawyers, court staff and litigants remains unhindered.
Gandhi had announced that Opposition parties, young people and civil society groups would march to the Supreme Court and seek to submit a memorandum to the CJI. “There should not be any obstruction in the functioning of the court. The observations came a day after a special bench of justices Joymalya Bagchi and V Mohana issued a series of directions to protect the right to peaceful protest, restore freedom of movement and ensure that no person was detained except in accordance with the procedure established by law. The bench also directed that metro and railway services operate normally, internet connectivity remain undisturbed and restrictions around court complexes be removed to ensure access to justice. The CJI agreed to list the plea but asked the Bar to ensure that the court’s functioning was not affected. The Opposition leaders had sought to apprise the CJI of their concerns over the police action against protesters, alleged irregularities in electoral processes and the functioning of constitutional institutions. The proposed march was part of a wider campaign against alleged electoral irregularities and the police crackdown on protesters demanding the resignation of chief election commissioner Gyanesh Kumar.
There should not be any impediment in the movement of the lawyers, their clerks, court staff or litigants,” the CJI told Supreme Court Bar Association (SCBA) president and senior advocate Pradeep Rai, who mentioned a fresh petition concerning the detention of lawyers and the suspension of internet services. Making it clear that the court had no objection to democratic activities, CJI Kant said lawyers were free to protest but should do so at designated places. “At some point the Supreme Court will also intervene and send a strong message to the police that they cannot get away with everything,” said Sankaranarayanan, alleging that children had been hit on the head and that police personnel had taken pride in the action.
Rai sought the listing of the SCBA’s fresh petition on Tuesday, when the court is scheduled to hear the other batch of matters arising from the protests. The developments follow the Opposition’s decision to march towards the Supreme Court on Monday after the CJI declined a request by Congress president Mallikarjun Kharge and Leader of Opposition Rahul Gandhi to meet him.
