CJI Surya Kant writes to Kharge And Rahul in response to their letter says : File Petition, It Will Be Heard At Earliest; Declines Meeting Saying Issues Sub-Judice, Would Violate Separation Of Powers
SUNIL NEGI
Supreme Court of India reiterates its commitment to preserve and protect the Fundamental Rights of every citizen of India and they are entitled to seek enforcement of such rights at all hours through the procedure known to law, and any petition filed by you shall be heard at the earliest possible opportunity in accordance with law – with this assurance, Chief Justice of India Suryakant has declined to meet the INDIA bloc delegation led by Leader of Opposition in Rajya Sabha Mallikarjun Kharge and Leader of Opposition in Lok Sabha Rahul Gandhi.
In a two-page letter dated 11th October, 2026, written on the official letterhead of the Chief Justice of India, a copy of which is now public, CJI Suryakant responded to Kharge and Gandhi’s letter dated 10.10.2026 requesting an appointment on Monday, 12.10.2026, between 4 PM and 5 PM, to submit a memorandum concerning (a) the Chief Election Commissioner / Election Commission of India; (b) the arbitrary arrest of several students; (c) the closure of metro stations; and (d) the cancellation of trains, among other issues.
At the very outset, the CJI said, 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 the second page of the letter, the Chief Justice further reminded the INDIA leaders that within the constitutional framework, the Supreme Court of India is not endowed with any administrative powers to deal with the issues highlighted in their letter. However, in exercise of its jurisdiction under Article 32 of the Constitution, along with other plenary powers, including that of judicial review, the Court is duty-bound to consider on the judicial side the gravamen of issues affecting the citizens of India.
It would thus be more appropriate on your part to invoke the judicial powers of the Supreme Court, instead of submitting a memorandum on the administrative side, the CJI wrote.
Incidentally, CJI Suryakant pointed out, some matters highlighting similar issues are scheduled for hearing on Tuesday, 13.10.2026. If so advised, you may submit your petition on Monday, either physically at the Supreme Court of India between 10:30 AM and 04:30 PM, or alternatively, by utilising the e-filing option, which permits filing at any time and on any day.
The letter comes hours after LOP Rahul Gandhi gave a call to countrymen especially Delhiites to join the INDIA bloc march to Supreme Court, and after CPI(M) MP John Brittas was admitted to RML Hospital after alleged assault by central forces at Connaught Place while meeting students protesting against CEC Gyanesh Kumar.
The INDIA march is still proposed for Monday, even as Delhi Police has indicated Section 163 BNSS continues in New Delhi district.
