Chief Justice of India Surya Kant on Monday emphasised that demonstrations and political activities must not disrupt the functioning of the Supreme Court or obstruct lawyers, litigants and court staff from discharging their professional responsibilities, amid restrictions imposed in the national capital in connection with protests against Chief Election Commissioner Gyanesh Kumar.
The CJI made the observations after Senior Advocates Atamaram Nadkarni and Pradeep Rai, President of the Supreme Court Bar Association (SCBA), mentioned petitions concerning the detention of lawyers during the protests. While Nadkarni brought to the Court’s attention a petition filed by an advocate, Rai mentioned the SCBA’s plea raising concerns over the detention of lawyers and the suspension of internet services.
Responding to the submissions, the CJI said that the matters would be taken up on Tuesday, when the connected petitions were scheduled to be listed. He reiterated that the Supreme Court should not be drawn into political disputes and that the functioning of the institution must remain insulated from such controversies.
“All these democratic activities should take place, but at least in Supreme Court functioning…” the CJI remarked.
Rai, in his submissions, stressed that the Bar and the judiciary were discharging institutional and professional responsibilities distinct from political activities. He urged political parties not to interfere with the functioning of the Court.
“We are not from any political party. The institution is performing institutional duties, and we are performing professional duties. Parties should not interfere in our domain,” Rai said.
The CJI responded that he had also appealed to the demonstrators and political parties to ensure that the judicial institution was not drawn into the controversy.
“I have appealed to protesters also. All political parties also…The Supreme Court should not be dragged into this. There should not be any impediment in the movement of lawyers, litigants, court staff. They should be allowed to work,” he said.
The proceedings came against the backdrop of Saturday’s demonstrations over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and demands for the resignation of the Chief Election Commissioner. Several advocates were reportedly detained during the police action, prompting representations by the SCBA and the Supreme Court Advocates-on-Record Association (SCAORA).
The controversy had also come before the Supreme Court during a special sitting on Sunday. A Bench comprising Justice Joymalya Bagchi and Justice V. Mohana had emphasised that lawyers, journalists and other professionals must not be prevented from performing their professional duties. The Court recorded the Solicitor General’s assurance that such persons would not be obstructed and directed that the movement of people across the city be permitted, subject to traffic regulations.
The latest observations by the CJI reinforce the need to ensure that restrictions imposed in the context of public demonstrations do not impede access to courts or interfere with the administration of justice. The connected petitions are expected to be considered by the Supreme Court on Tuesday.
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