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The Supreme Court Advocates-on-Record Association (SCAORA) on Monday reiterated its commitment to judicial independence and backed Chief Justice of India (CJI) Surya Kants stand that political parties seeking resolution of their grievances must approach the Supreme Court through the judicial process.
In a resolution dated October 12, SCAORA said grievances requiring judicial resolution must be pursued through established legal procedures, stressing that the independence of the judiciary is essential to the rule of law and the fair administration of justice. The resolution comes after CJI Surya Kant declined a request by the Leader of Opposition of Lok Sabha, Rahul Gandhi and the Leader of Opposition of Rajya Sabha, Mallikarjun Kharge, for an appointment to submit a memorandum on issues including the Election Commission, alleged arbitrary arrests of students, closure of metro stations and cancellation of trains. SCAORA said it appreciated the stand taken by the CJI in making it clear that political parties seeking resolution of their grievances must approach the court through the judicial process, where such issues could be considered independently and on their merits. No action should be taken that may obstruct the functioning of the Courts or hamper the fair and independent dispensation of justice, the resolution stated. It further said the independence of the judiciary must be respected by all and that grievances requiring judicial resolution must be pursued through the established legal process. In his letter dated October 11 to Gandhi and Kharge, the CJI said the issues raised in their proposed memorandum were already sub judice before the Supreme Court. He said convening a meeting to discuss pending cases would be contrary to the principle of separation of powers, an intrinsic feature of the Constitution, and incompatible with established judicial propriety. The opposition leaders had sought an appointment with the CJI on October 12 between 4 pm and 5 pm to submit a memorandum concerning the Chief Election Commissioner and the Election Commission of India, alleged arbitrary arrests of several students, closure of metro stations and cancellation of trains, among other issues. The CJI clarified that the Supreme Court does not have administrative powers to deal with the issues highlighted in the memorandum. However, he said the court was duty-bound to consider grievances affecting citizens through its judicial jurisdiction, including under Article 32 of the Constitution and its power of judicial review. He advised the opposition leaders to invoke the judicial powers of the Supreme Court instead of submitting a memorandum on the administrative side. The CJI also informed them that matters highlighting similar issues were scheduled for hearing on Tuesday, October 13, and said they could file a petition either physically or through the courts e-filing facility. Assuring them of an early hearing, he said any such petition would be heard at the earliest possible opportunity in accordance with the law. The SCAORA resolution was signed by its Honorary Secretary, Yugandhara Pawar Jha, on behalf of the association. (ANI)
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