SC seeks Rahul Gandhi, Mallikarjun Kharge’s replies on plea over Opposition march against CEC to top court

The Supreme Court on Tuesday sought responses from Congress president Mallikarjun Kharge and party MP Rahul Gandhi on a petition questioning their role in the Opposition’s march against Chief Election Commissioner (CEC) Gyanesh Kumar to the top court last month, as it drew a massive crowd to the area and left a pregnant woman journalist injured.

Posting the matter for November 23, a bench headed by Chief Justice of India (CJI) Surya Kant also sought the Centre’s response to the petition filed by a group of lawyers led by Digant Mishra. The plea is seeking guidelines regulating processions, protests, demonstrations and assemblies in the vicinity of the top court.

Appearing for the petitioner, senior advocate Gaurav Bhatia said the Opposition led by Gandhi led a march till the top court on October 12, drawing a huge gathering of lawyers and supporters into the court precincts and creating a security scare.

Bhatia also alleged a woman journalist who was three months pregnant was pushed by Gandhi, as a result of which she had to be hospitalised. He also moved an application seeking registration of a First Information Report against the Congress leader.

Senior advocate Abhishek Manu Singhvi, who appeared for Gandhi and Kharge, told the court the responses would be filed soon. “I only request that irresponsible statements should not be made before the court takes up the matter. We will be filing our response,” he said.

The petition has also named Samajwadi Party chief Akhilesh Yadav, Delhi Commissioner of Police, the Centre, the Supreme Court registry and the Congress as respondents.

On October 12, the Opposition led thousands of people who flooded central Delhi for three hours in protest against Kumar, marking one of the largest political mobilisations in recent years that followed two days of police crackdown on agitators. Gandhi led the march from the Constitution Club to Bhagwan Das Road and later walked into the Supreme Court to file a petition demanding an independent, time-bound investigation into decisions allegedly taken unilaterally by Kumar and to suspend the ongoing special intensive revision (SIR) pending this inquiry.

Appearing for the Centre in the court, solicitor general Tushar Mehta said he will file a response to the petition by the next date. He urged the court to hear the matter along with a petition by women journalists, under the banner of ‘Network of Women in Media, India’, on alleged instances of sexual harassment while covering protests in the Capital.

The petition said the top court is not merely a building housing the highest judicial authority in the country but represents the constitutional promise that disputes, however politically contentious, shall be adjudicated independently, impartially and exclusively in accordance with law.