New Delhi, Oct 12 Convening a meeting on issues which are sub judice before the Supreme Court would contravene the principle of separation of powers and is "incompatible with established ethics and judicial propriety", Chief Justice of India Surya Kant wrote to leaders of opposition Rahul Gandhi and Mallikarjun Kharge.
The CJI said this in a letter declining the request for a meeting by Kharge and Gandhi who sought to submit a memorandum on issues concerning the Chief Election Commissioner, Election Commission of India, the alleged arbitrary arrest of several students, closure of metro stations and cancellation of trains.
In his letter to Gandhi and Kharge, the CJI declined the meeting on Monday and told them that discussing pending cases would be improper and urged them to file a petition with the court either physically or online.
"At the very outset, it may be noted that 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 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, some matters highlighting similar issues are scheduled for hearing on Tuesday, he said, adding 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 utilising the e-filing option, which permits filing at any time and 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 Gandhi had written to him on October 10 seeking a meeting with him on October 12 between 4 pm and 5 pm, to submit a memorandum concerning the Chief Election Commissioner and the Election Commission of India, among other issues.
Opposition leaders have said they would be marching to the Supreme Court to file a petition against CEC Gyanesh Kumar and 'vote chori' on Monday afternoon.
