In a resolution passed by the Association, Dubey’s comments were described as not only defamatory but also amounting to criminal contempt of court.
NEW DELHI: The Supreme Court Bar Association (SCBA) on Monday, April 21st, officially condemned the recent remarks made by BJP Member of Parliament Nishikant Dubey against the judiciary and the Chief Justice of India (CJI) Sanjiv Khanna.
In a resolution passed by the Association, Dubey’s comments were described as not only defamatory but also amounting to criminal contempt of court.
The SCBA criticised Dubey’s controversial statements, which were reportedly made during an interview with news agency ANI.
According to reports, Dubey made serious allegations against the CJI and the Supreme Court, suggesting that the judiciary was overstepping its limits and interfering in the powers of Parliament and State Assemblies.
“The Supreme Court Bar Association condemns the actionable intemperate statement made by the BJP M.P. Mr. Nishikant Dubey, who apparently told ANI that the Chief Justice of India Mr. Justice Sanjiv Khanna is responsible for ‘all civil wars in the country’. He further stated that ‘the Supreme Court is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assemblies should shut down….’. This statement is not only defamatory but also amounts to contempt of the Supreme Court. This attack on the Supreme Court, as an Institution, and qua the Chief Justice of India Mr. Justice Sanjiv Khanna, as an individual, is unacceptable and must be dealt with in accordance with the law.”
The SCBA also stated that it hoped the Attorney General (AG) of India would give permission to start contempt proceedings against Dubey. The AG’s consent is required under the law before criminal contempt proceedings can be initiated.
“We do hope that the Attorney General, charged with the responsibility of protecting the Constitution and the laws, who has reportedly received a petition seeking consent to proceed for Criminal Contempt against Mr. Nishikant Dubey, will grant consent to protect the dignity of the Institution and the dignity of the Chief Justice of India Mr. Justice Sanjiv Khanna.”
Following Dubey’s remarks, an Advocate-on-Record filed a formal request to begin criminal contempt proceedings against him.
On April 22, two more letters were sent to the Attorney General, also asking for sanction to proceed with contempt action.
Additionally, 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.
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.
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.”
