Chief Justice of India (CJI) Surya Kant has declined a request from Lok Sabha Leader of Opposition Rahul Gandhi and Rajya Sabha Leader of Opposition Mallikarjun Kharge for an appointment to submit a memorandum on issues including the Election Commission, alleged arbitrary arrests of students, metro station closures and train cancellations. The CJI said the matters were already pending before the Supreme Court.
In a letter dated October 11, the CJI said a meeting to discuss pending cases would go against the principle of separation of powers, an intrinsic feature of the Constitution, and established judicial propriety.
Gandhi and Kharge had sought an appointment with the CJI on Monday, October 12, between 4 pm and 5 pm to raise concerns over the Chief Election Commissioner and the Election Commission of India, alleged arbitrary arrests of students, metro station closures and train cancellations, among other issues.
“At the very outset, it may be noted that the issues referred to hereinabove are already sub judice before the Supreme Court of India,” the CJI said.
He also clarified that the Supreme Court does not have administrative powers under the constitutional framework to address the issues raised in the memorandum.
However, the CJI said the court was duty-bound to consider grievances affecting citizens through its judicial powers, including those exercised under Article 32 of the Constitution and its power of judicial review.
Reaffirming the Supreme Court's commitment to protecting the Fundamental Rights of citizens, he said these rights could be enforced through procedures established by law.
“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 letter stated.
The CJI further informed the opposition leaders that matters involving similar issues were scheduled to be heard on Tuesday, October 13, 2026.
He suggested that they could file their petition on Monday, either physically at the Supreme Court between 10:30 am and 4:30 pm or through the e-filing facility, which remains available at all times.
Assuring them of an early hearing, the CJI said any petition filed in this regard would be taken up at the earliest possible opportunity, in accordance with the law.