The Supreme Court on Thursday sought response from the Election Commission and CEC Gyanesh Kumar on a plea filed by Congress leader Rahul Gandhi and 12 other opposition leaders
NEW DELHI — The Supreme Court on Thursday sought response from the Election Commission and CEC Gyanesh Kumar on a plea filed by Congress leader Rahul Gandhi and 12 other opposition leaders over alleged large-scale voter deletions and SIR irregularities.
Hearing various petitions related to the Special Intensive Revision (SIR) of electoral rolls, Delhi protests, march to apex court and alleged assault on journalists and lawyers, the top court said everybody will be heard.
When some lawyers referred to the march by opposition leaders, including Gandhi, to the Supreme Court on Monday, the bench headed by Chief Justice of India Surya Kant said, "Nobody can browbeat us (judiciary)".
The lawyers said the march was an attempt to browbeat the Supreme Court.
While issuing notice on the plea of Gandhi and others, the bench, also comprising Justice Joymalya Bagchi, said it has taken note of the conduct of one of the petitioners.
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The bench, however, did not name the petitioner.
"We are not sitting in ivory towers. We know what statements they are making outside and what they are saying in court. We know everything," the CJI said, when senior lawyer and BJP leader Gaurav Bhatia referred to the conduct and statements by some leaders, including Gandhi.
On Monday, the raging protests over the "vote theft" charge reached the Supreme Court's doorstep.
Opposition stalwarts, joined by activists and civil society members, undertook a "March for Democracy" and filed a joint petition against SIR and alleged poll irregularities in a major show of strength in the national capital.
The top court also issued notices to Gandhi, Congress president Mallikarjun Kharge, Samajwadi Party chief Akhilesh Yadav, TMC MP Mahua Moitra and the Congress party on a plea against the October 12 march to the top court.
The bench also issued notices to the poll panel and others on a plea filed by AIMIM chief Asaduddin Owaisi seeking to set aside tje SIR in view of a report in The Indian Express that election commissioners Sukhbir Singh Sandhu and Vivek Joshi were not on the same page while taking crucial decisions.
The top court also sought responses from the Centre and the Delhi Police on a separate plea challenging the de-notification of Jantar Mantar as designated protest site in the national capital.
On October 11, Delhi Police Commissioner Anurag Kumar issued an order designating Ramlila Maidan, Burari Ground and CBD Ground as venues for protests and demonstrations, following which Jantar Mantar was denotified as a designated protest site.
Among other issues, the bench dealt with the matter relating to a woman journalist, whose complaint alleging molestation by a senior police officer, is pending consideration.
The bench directed the police not to take any coercive action against the journalist.
When this plea was entertained, Bhatia urged the bench to also consider the case of a pregnant woman journalist, who, he said, was allegedly pushed by Gandhi in the apex court premises during the October 12 march.
The bench asked him to file a petition in this regard, and said it would consider the issue.
"Before this court, every voice is valuable and everyone will be heard irrespective of numbers," the bench said.
On the plea filed by Gandhi and others, the bench issued notice to the poll panel, Chief Election Commissioner Kumar and the two election commissioners.
During the hearing, Solicitor General Tushar Mehta also referred to the unconditional apology tendered by Union Home Secretary Govind Mohan in a contempt matter and submitted that tendering unconditional apology does not mean that actions cannot be defended and said it is a part of the procedure.
The bench told Mehta that it is not taking cognisance of media reports that authorities tendered unconditional apologies before the court.
The contempt case pertained to alleged violation of the apex court's direction to ensure no “complete prohibition” on Metro and train services in Delhi in the wake of the October 10 protest called by the Cockroach Janta Party.
The city has witnessed several protests demanding the resignation of the CEC over alleged irregularities in the SIR.