On Thursday, 13 October 2024, Chief Justice Surya Kant issued notices to the Election Commission of India, its chief and two commissioners, following a protest by Rahul Gandhi at the Supreme Court on Monday. The notices also named Rahul Gandhi, Akhilesh Yadav, and other opposition leaders who filed a petition questioning the Commission’s handling of the SIR process. The protest, which began on Barakhamba Road and ended at the Court’s gates, drew a sizable crowd and prompted the Court to preserve CCTV footage from the premises. The CJI declined Gandhi’s request for a meeting to discuss the SIR exercise, stating that the issues were already pending before the Court. He added that the Court could not interfere with the administrative functions of the government.
The petition, filed by Rahul Gandhi, Congress president Mallikarjun Kharge, Trinamool MP Saugata Roy, and others, lists ten demands, including a full audit of the SIR process, examination of its constitutional validity, and action against officials allegedly responsible for irregularities. The petition also seeks to compel the Election Commission to provide all records related to the SIR decisions.
Solicitor General Tushar Mehta and advocate Gaurav Bhatia raised the issue of the protest, calling it an attempt to pressure the Court. CJI Surya Kant dismissed the claim as "feeble" and warned that no one could "browbeat the judiciary." The Court’s stance reflects its insistence that the judiciary remains independent from political pressure.
The Court has directed that CCTV footage from the protest be preserved as evidence. It also issued notices to Rahul Gandhi, Akhilesh Yadav, and other opposition leaders on a separate plea regarding their march. The Court’s decision underscores that it will examine the petitions on 20 October, during which it will assess whether the SIR decisions violated constitutional provisions and whether remedial action is warranted.
The Supreme Court will hold its next hearing on 20 October to consider the petitions. The Court will decide whether to grant any relief or impose sanctions on the Election Commission. The outcome will shape the conduct of upcoming elections and the relationship between the judiciary and the executive.