Supreme Court Seeks Replies From Rahul Gandhi, Mallikarjun Kharge Over Opposition March

On Tuesday, the Supreme Court asked Congress president Mallikarjun Kharge and party MP Rahul Gandhi to respond to a petition over their role in the Opposition march against Chief Election Commissioner Gyanesh Kumar. The plea says the protest brought a large crowd to the area and injured a journalist who was three months pregnant.

A bench led by Chief Justice of India Surya Kant fixed November 23 for the hearing and asked the Centre to reply to the plea filed by a lawyer group headed by Digant Mishra. The petition wants rules for processions, protests, demonstrations and assemblies close to the top court.

October 12 March

On October 12, Gandhi led the Opposition to the Supreme Court. The procession pulled lawyers and supporters into the court complex and set off a security scare.

Senior advocate Gaurav Bhatia, appearing for the petitioner, told the court the rally drew a huge crowd of lawyers and supporters into the precincts. He said the gathering triggered a security scare.

Bhatia also told the court that Gandhi pushed a woman journalist who was three months pregnant, leaving her hospitalised. He also filed an application seeking an FIR against the Congress leader.

The protest spilled into central Delhi. Thousands joined the Opposition for three hours against Kumar, after two days of police action against agitators.

Courtroom Responses

Abhishek Manu Singhvi, who represented Gandhi and Kharge, told the court their replies would come 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.

Solicitor general Tushar Mehta, appearing for the Centre, said the government would submit its reply by the next hearing. He also asked the bench to take up the case together with a plea from women journalists under the banner of ‘Network of Women in Media, India’ over alleged sexual harassment while covering protests in the Capital.

Petition And Respondents

The petition was filed by a group of lawyers led by Digant Mishra. It names Samajwadi Party chief Akhilesh Yadav, the Delhi Commissioner of Police, the Centre, the Supreme Court registry and the Congress as respondents.

After Gandhi led the march from the Constitution Club to Bhagwan Das Road on October 12, he later entered the Supreme Court to file a petition seeking an independent, time-bound probe into decisions Kumar is alleged to have taken unilaterally, and asking that the ongoing special intensive revision (SIR) be paused until the inquiry ends.

The petition also says the top court is more than a building housing the country’s highest judicial authority. It says the court stands for the constitutional promise that disputes, however politically charged, will be decided independently, impartially and only under the law.