New Delhi, Oct. 15: The Supreme Court on Thursday issued notice to the Congress, Leader of Opposition Rahul Gandhi and other INDIA bloc leaders on a petition questioning the October 12 march to the court and social media posts targeting Chief Justice of India Surya Kant, but declined for now to issue notice on the prayer seeking criminal contempt proceedings.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi sought responses on the other reliefs sought in the petition, including regulation of political processions and protests in the vicinity and precincts of the Supreme Court and High Courts.
Senior advocate Gaurav Bhatia, appearing for the petitioners, told the bench that processions around constitutional courts needed to be regulated and referred to the crowd and commotion inside the Supreme Court premises on October 12. He said nearly 200 practising lawyers had signed a memorandum expressing concern over what they described as attempts to browbeat the judiciary.
“Nobody can browbeat the judiciary,” CJI Kant responded.
Bhatia also urged the court to protect its precincts and pressed for notice on the petition’s separate prayer seeking criminal contempt action.
The CJI, however, indicated that the court was aware of both statements being made publicly and submissions advanced before it. “We are not sitting in ivory towers. We know what statements they are making outside and what they are saying in Court. We know everything,” he said.
The bench nevertheless refrained from initiating contempt proceedings at this stage, saying it would first examine the responses to the other prayers. The CJI said no contempt notice was being issued “today” and that the court would consider how to proceed after receiving the replies.
The petition was filed by advocates Digant Mishra, Divyansh Bisht, Ashish Gopal Garg and Shweta Garg. It arose after Gandhi and other Opposition leaders marched towards the Supreme Court on October 12 in connection with their challenge to the Special Intensive Revision of electoral rolls.
Although their petition had already been filed through lawyers, the leaders subsequently went to the court registry, leading to a large gathering inside the court premises.
The plea also refers to an October 12 post by the Kerala Congress unit calling upon the CJI to resign and saying a replacement would be found, as well as a separate post by Trinamool Congress MP Mahua Moitra.
Besides Gandhi and the Congress, respondents include Mallikarjun Kharge, Kerala Pradesh Congress Committee, Moitra and Samajwadi Party president Akhilesh Yadav.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
