CJI Suryakant urges against dragging Supreme Court into politics
This statement came amid the opposition's decision to march towards the Supreme Court on Monday.
Amid ongoing protests against police action in Delhi, Chief Justice of India (CJI) D.Y. Chandrachud stated on Monday that the Supreme Court should not be dragged into any politics. He urged lawyers to ensure that the court's functioning and the movement of lawyers, staff, and those involved in cases are not disrupted.
According to a report by Hindustan Times, the CJI made this remark in response to a mention of a new petition by the President of the Supreme Court Bar Association (SCBA) and senior advocate Pradeep Rai. This petition pertains to the detention of lawyers and the suspension of internet services.
The CJI stated,
“There should be no obstruction in the functioning of the court. There should be no hindrance in the movement of lawyers, their clerks, court staff, or those involved in cases.”
The Chief Justice clarified that,
“The court has no objection to democratic activities. Lawyers can also protest, but designated places should be used for this. He told senior advocate Gopal Shankaranarayanan, who was requesting to list another petition, ‘Every member of the bar can also protest. You can protest where there is a designated place for it.’”
Pradeep Rai requested that the SCBA's new petition be listed for hearing on Tuesday. Other cases related to the protests are also scheduled for hearing on the same day. The CJI agreed to list the petition, stating that democratic activities should proceed smoothly, and there should be no difficulty. However, he emphasized that at least the functioning of the Supreme Court should not be affected. When Rai mentioned that lawyers are protesting peacefully, the CJI reiterated his concern about the court being drawn into political disputes. He said,
“I have also appealed to the protesters, but the court should not be dragged into any politics.” The CJI noted that he had previously appealed to the protesters not to disrupt court proceedings.
These comments came a day after directives were issued by a special bench comprising Justices Joymalya Bagchi and V. Mohan. The bench had directed the protection of the right to peaceful protest, restoration of freedom of movement, and that no one should be detained without due process as prescribed by law. It also called for normalizing metro and rail services, not disrupting internet connectivity, and lifting restrictions around court premises to ensure access to justice.
On Monday, Shankaranarayanan also mentioned a separate new petition related to police action. He alleged that,
“There is no public order available for imposing prohibitory restrictions under Section 163 of the Indian National Security Act (BNSAA). He also expressed concern over the detention of lawyers, including senior advocates Dinesh Dwivedi and Shadan Farasat, and the rough treatment they faced.”
Shankaranarayanan stated that,
“At some point, the Supreme Court will have to intervene and send a strong message to the police that they cannot evade accountability after every action. He also accused the police of injuring children and taking pride in that action. However, the CJI declined to comment on the allegations at this stage, stating, ‘I do not want to say anything at this time.’”
Senior advocate A.N.S. Nadkarni also mentioned a new petition from a lawyer who was detained during the protest.
This development comes amid the opposition's decision to march towards the Supreme Court on Monday. Earlier, the CJI had rejected a request for a meeting from Congress President Mallikarjun Kharge and Leader of the Opposition in the Lok Sabha Rahul Gandhi. Both leaders wanted to express their concerns regarding police action against protesters, irregularities in electoral processes, and the functioning of constitutional institutions.
Reasons for the denial of the meeting included that the relevant issues are under judicial consideration in the Supreme Court, and in some of these cases, the CJI has a role in deciding. Rahul Gandhi had announced that opposition parties, youth, and civil society groups would attempt to march to the Supreme Court to submit a memorandum to the Chief Justice.
This march is part of a campaign demanding the resignation of Chief Election Commissioner Gyanesh Kumar and addressing irregularities in the special intensive revision of voter lists. On Friday, the bench headed by the CJI had asked for a reconsideration of proposed restrictions on transport services. The bench on Sunday also sought the legal basis for detentions and issued notices in contempt proceedings related to allegations of flouting public transport directives. The next hearing in the matter is scheduled for Tuesday.