CJI Surya Kant says Supreme Court should not be dragged into political protests

Chief Justice of India (CJI) Surya Kant, on Monday, October 12, said the Supreme Court should not be dragged into political battles, stressing that democratic protests must take place peacefully without obstructing the functioning of courts or the movement of lawyers, court staff and litigants.

“We are not concerned with political parties or their activities. But courts should not be dragged into such kinds of things,” the CJI said, according to a report by The Times of India. He was speaking from a three-judge Bench comprising Justices Joymalya Bagchi and V Mohana.

“Democratic institutions should be allowed to function peacefully and there should not be any impediment in the functioning or movement of lawyers, court staff and litigants,” CJI Surya Kant said.

The remarks came amid protests against Chief Election Commissioner (CEC) Gyanesh Kumar and the Election Commission, with Opposition leaders expected to march towards the Supreme Court on Monday. The court premises were under heavy security.

The CJI’s comments also followed his decision on Sunday, October 11, to decline a request from Leader of Opposition in the Lok Sabha Rahul Gandhi and Leader of Opposition in the Rajya Sabha Mallikarjun Kharge for a private meeting on their allegations of “vote chori”. In his email response, the CJI said such a meeting would violate the principle of separation of powers.

He had said the Supreme Court was duty-bound to hear petitions against CEC Gyanesh Kumar and pleas challenging the Special Intensive Revision (SIR) of electoral rolls, and indicated that these matters would be heard on priority.

The CJI’s remarks came after senior advocates sought urgent intervention over restrictions affecting lawyers and other citizens amid the protests.

Senior advocate Atmaram Nadkarni sought an urgent hearing on a writ petition filed by a lawyer who said he was unable to represent a client in an international arbitration because of protests and preventive measures.

Supreme Court Bar Association (SCBA) president and senior advocate Pradeep Rai also raised concerns, arguing that the right to protest must coexist with the right of other citizens to move freely and carry out their work. “The institution is performing its institutional duty and we are doing our professional duties. Political parties must not interfere with our domain,” Rai said, according to The Times of India.

The Hindu reported that Rai had also raised concerns over alleged illegal detentions of lawyers and the suspension of internet services. He told the Bench that political parties should not involve the court in the protests and should act responsibly.

The CJI said peaceful protests could take place at designated locations but reiterated that the Supreme Court would not become a site for agitation. “I don’t want to say anything now, but I am only requesting. Every member of the Bar has the right to be part of the protest wherever the identified locations are there,” he said.

During the proceedings, senior advocate Gopal Sankaranarayanan urged the Bench to address allegations of police excesses against protesters and members of the legal fraternity.

He referred to senior advocate Shadan Farasat allegedly being dragged along the streets and said two other senior advocates had been detained in buses. Sankaranarayanan criticised what he described as repeated calls for restraint from lawyers without a similar appeal being directed at the police.

He also alleged that private individuals had assaulted children during the protests and that the police had failed to act against them. He further said that orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which imposes prohibitory restrictions, were not publicly available.

Sankaranarayanan urged the court to intervene in support of lawyers and citizens affected by the restrictions.

The proceedings followed a special hearing held on Sunday, October 11, by Justices Joymalya Bagchi and V Mohana after mass detentions and what was described as a “curfew-like” clampdown on civil rights during protests on October 10. The court had directed the Union government and Delhi Police to ensure the free and smooth movement of traffic, people, Metro services and rail services, subject to public order.

The Supreme Court agreed to hear the petitions concerning restrictions, alleged police excesses and the movement of lawyers and litigants on Tuesday, October 13.

The protests against Chief Election Commissioner Gyanesh Kumar are linked to Opposition allegations of irregularities in the electoral process, including their objections to the Special Intensive Revision (SIR) of electoral rolls. Opposition leaders have accused the Election Commission of compromising the integrity of elections, allegations that have been contested by the poll body.