Chief Justice Clarifies Only a Representation Was Made, Not a Formal Plea
Chief Justice of India (CJI) Surya Kant on Friday described certain media reports as "reckless", clarifying that the Supreme Court had not rejected an urgent hearing on a petition concerning police action during the July 20 Cockroach Janta Party (CJP)-led protest because no formal petition had been filed.
The clarification follows reports suggesting that the Supreme Court had declined to urgently hear a challenge to the police action during the student-led demonstrations in New Delhi.
The remarks underscore the importance of accurate reporting of judicial proceedings and highlight the need for careful distinction between legal representations and formally instituted court cases.
CJI Clarifies Court Position
While addressing the matter, Chief Justice Surya Kant stated that the reports claiming the Supreme Court had refused an urgent hearing were incorrect.
According to the Chief Justice, what had been placed before the Court was only a representation, not a duly filed writ petition or other judicial proceeding requiring adjudication.
He described the media reports suggesting otherwise as "reckless."
Background
On July 22, a lawyer sought an urgent hearing regarding police action during the July 20 CJP-led protest march in New Delhi.
The protest witnessed clashes between demonstrators and security personnel after protesters attempted to move towards Parliament.
According to reports, security personnel used measures including lathis and tear gas to disperse the crowd.
Representation vs Petition
The Chief Justice emphasised the distinction between:
- A representation submitted to the Court.
- A formally instituted petition capable of judicial consideration.
The clarification indicates that no judicial order refusing an urgent hearing was passed because no formal petition had been filed before the Court.
Importance of Accurate Judicial Reporting
The observations highlight the importance of accurately reporting judicial proceedings and procedural developments.
Legal experts note that representations, letters, and communications addressed to courts do not automatically become judicial proceedings unless they are converted into properly instituted cases in accordance with applicable procedural rules.