A Supreme Court lawyer has approached the Attorney General’s office, requesting contempt action against BJP MP Nishikant Dubey.The plea alleges that Dubey made misleading and offensive remarks targeting the judiciary and the Supreme Court.
New Delhi: Supreme Court lawyer Anas Tanwir approached the Attorney General’s office to initiate contempt proceedings against Bharatiya Janata Party MP Nishikant Dubey for his alleged remarks regarding the Supreme Court.
Tanwir described the comments as misleading and intended to undermine the dignity of the apex court.
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In his letter, submitted under section 15(1)(b) of the Contempt of Courts Act, 1971, Tanwir requested the AG’s consent to proceed with contempt actions against the Lok Sabha MP.
He accused Dubey’s statements of being “grossly scandalous, misleading, and aimed at lowering the dignity and authority of the Honourable Supreme Court of India.”
Citing observations made by the Supreme Court during discussions on the Waqf Amendment Act, Tanwir also claimed that Dubey’s remarks were communally divisive and questioned the court’s impartiality.
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The opposition, including the Congress party, has called on the BJP to take action against Dubey and BJP MP Dinesh Sharma for their controversial comments about the judiciary and the Supreme Court.
These remarks emerged following the apex court’s directive outlining timelines for governors and the president to grant assent to bills passed by state legislatures.
Dubey stated,
“If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut.”
The BJP has distanced itself from the remarks made by the MPs, asserting that these comments reflect personal opinions rather than the party’s stance.
BJP president J.P. Nadda emphasized,
“The Bharatiya Janata Party has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice of the country. These are their personal statements, but the BJP neither agrees with such statements nor does it ever support such statements.”
Also Read: BJP MP Nishikant Dubey: “CJI Khanna Responsible for All Civil Wars in the Country”
Additionally, AIMIM chief and Hyderabad MP Asaduddin Owaisi condemned Dubey, stating that Prime Minister Narendra Modi must intervene to stop those who threaten the judiciary.
The lawyer has sought contempt proceedings under Article 129 and Article 215 of the Constitution of India:
- Article 129: Declares the Supreme Court as a “court of record” and gives it the power to punish for contempt of itself.
- Article 215: Grants similar powers to High Courts.
Additionally, the Contempt of Courts Act, 1971 provides the legal framework for dealing with such matters. The Act defines two types of contempt:
- Civil Contempt: Willful disobedience to any judgment, order, or direction of the court.
- Criminal Contempt: Any act that scandalises or lowers the authority of the court, prejudices or interferes with judicial proceedings, or obstructs the administration of justice.
In this case, the plea seeks to initiate criminal contempt proceedings, arguing that Dubey’s remarks scandalise the authority of the Supreme Court and erode public confidence in the justice system.
Before initiating contempt proceedings, consent from the Attorney General is mandatory under Section 15 of the Contempt of Courts Act, if the matter is raised by a private individual. That consent is now awaited.