Ye mera mudda nahin hai : CJI

Drawing the lines clear between institutions, a day after declining to meet INDIA bloc leaders, the Chief Justice of India (CJI) on Monday asserted that the Supreme Court cannot be dragged into a “political battlefield” and said its doors were open to everyone through the legal route.

He also refused to be drawn into the issue of the current spate of protests against the Chief Election Commissioner, stating, “Ye mera mudda nahin hai. (This matter does not pertain to my domain, adding that it was related to law and order in reply to a media query.

During an interaction with reporters on the sidelines of an event commemorating the 33rd anniversary of the National Human Rights Commission (NHRC) at Vigyan Bhawan here, the CJI declined to divulge reasons for refusing to meet Congress leaders over the issue of “vote chori”.

Asked about the opposition’s march to the Supreme Court, the CJI said, “I will not make any comments on it.”

“We will not allow SC to become a political battlefield, the CJI said, possibly reacting to the Opposition’s decision to take out a march to SC. “Wherever designated places are, the protest can be held there in accordance with law,” the CJI added further. Speaking to reporters, he added that any common citizen or elected representative could approach the court, and the court would hear their concerns and grant relief in accordance with the law.

“Any petition from any common citizen or member of an elected body is welcome. Every Indian citizen has the right to approach the court, and we will hear their concerns and grant whatever is due under the law.” The CJI was speaking to journalists on the sidelines of an event in Delhi marking the 33rd anniversary of the National Human Rights Commission (NHRC).

Earlier, the CJI had declined a request from Lok Sabha leader of the opposition Rahul Gandhi and Rajya Sabha leader of the Opposition Mallikarjun Kharge for a meeting to discuss issues arising from the ongoing protests in Delhi.

In a letter dated October 11 to Mallikarjun Kharge and Rahul Gandhi, in response to their request for an appointment to discuss the protest against CEC Gyanesh Kumar, the CJI advised the two Opposition leaders to approach the Supreme Court through the judicial process rather than submit a memorandum on the administrative side. He also assured them that the court would hear any petition on the issues at the earliest opportunity, in accordance with the law. The request concerned allegations of irregularities involving the Chief Election Commissioner (CEC) and the Election Commission of India, alleged arbitrary arrests of students, the closure of metro stations and the cancellation of trains amid protests in the national Capital.

At the outset, 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.

“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 the judicial side the gravamen of issues affecting the citizens of India,” the CJI said, responding to Gandhi and Kharge’s letter, which was shared by the Congress on Monday.

The Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India, and that they are entitled to seek enforcement of such rights at all hours through the procedure known in law, the CJI said.

“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,” the CJI said.

Incidentally, he said that some matters raising similar issues are scheduled for hearing on Tuesday, and that, if so advised, the leaders may submit their petition on Monday. The CJI said the petition can be filed either physically at the Supreme Court between 10:30 am and 4:30 pm or, alternatively, by using the e-filing option, which allows filing at any time 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 in his letter. Kharge and Rahul Gandhi wrote to him on October 10, seeking a meeting on October 12 between 4 pm and 5 pm to submit a memorandum on the Chief Election Commissioner and the Election Commission of India, among other issues.