New Delhi : Chief Justice of India Surya Kant said that a meeting to discuss issues already pending before the Supreme Court would go against the principle of separation of powers. The CJI, in a letter dated October 11, turned down the Congress leaders’ request for an appointment on Monday to submit a memorandum ahead of the INDIA bloc’s planned march to the Supreme Court over its demands concerning Chief Election Commissioner Gyanesh Kumar.
CJI Kant said the issues raised in their request were already sub judice and that discussing pending cases in a meeting would be incompatible with judicial propriety. 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, he said.
The Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India,” the letter said, adding that citizens were entitled to seek enforcement of these rights through the procedure established by law. The CJI went on to say that it would be more appropriate for Gandhi and Kharge to invoke the Supreme Court’s judicial powers rather than submit a memorandum on the administrative side.
The CJI assured the leaders that any petition filed would be heard at the earliest possible opportunity, in accordance with the law. On October 9, leaders of several INDIA bloc parties marched from Parliament to Vijay Chowk and later submitted a memorandum to President Droupadi Murmu. Kharge had said the opposition leaders wanted to apprise the CJI of their concerns, adding that they could only request a meeting.
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