The Supreme Court Today (April 22) said it will hear a contempt plea next week against BJP MP Nishikant Dubey for blaming the CJI for “civil wars in the country.” The Attorney General has not yet granted permission to proceed with the case.
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NEW DELHI: The Supreme Court of India today decided to hear next week a legal request asking for contempt of court action against BJP Member of Parliament (MP) Nishikant Dubey. This matter is related to some controversial statements he made against the Supreme Court and the current Chief Justice of India (CJI) Sanjiv Khanna.
A lawyer appeared before the Supreme Court on Tuesday and told the judges that the Attorney General of India has not given any response yet about granting permission to take legal action against Dubey. In such matters, as per the Contempt of Courts Act, 1971, a private person can only file a contempt petition in the Supreme Court if the Attorney General or Solicitor General gives written consent.
While mentioning the matter, the lawyer informed the bench,
“The remark is viral. Dubey says CJI responsible for civil wars. No reply from Attorney (General) on this.”
After hearing this, Justice BR Gavai, who was sitting along with Justice Augustine George Masih, replied,
“List it next week.”
Interestingly, the same matter was also brought up a day earlier—on Monday—before the same bench. But on that day, the judges told the lawyer to first approach the Attorney General and get his permission.
Justice Gavai clearly said,
“Make a case before AG. He will give permission.”
The whole issue started last week when Nishikant Dubey gave an interview to Asian News International (ANI). In this interview, he made a strong remark, blaming the Chief Justice for serious issues in the country.
According to Dubey, CJI Khanna was to blame for “all civil wars in the country.”
This comment quickly went viral and sparked a major debate.
Soon after these comments, many lawyers sent formal letters to the Attorney General. They requested permission to file a contempt petition against Dubey under the Contempt of Courts Act. These lawyers believe that Dubey’s statement has insulted the dignity of the Supreme Court and the Chief Justice.
Dubey made these remarks at a time when several BJP leaders have started speaking strongly against the judiciary, especially the Supreme Court. They have accused the courts of going beyond their limits by interfering in matters that should be handled by the executive or lawmakers. Many BJP members feel that courts are trying to act like lawmakers by giving directions that seem like new laws.
The specific reason why Dubey targeted the CJI was because of a recent Supreme Court hearing on the Waqf Amendment Act. During that hearing, the Supreme Court raised questions about the law, which led the Central Government to promise that it would not implement some parts of the act for now. Dubey was upset with this intervention and made the statement blaming the CJI.
This isn’t the first time the judiciary has faced criticism from high-ranking leaders. Earlier, Vice President and Rajya Sabha Chairman Jagdeep Dhankhar also made similar remarks. He said that judges in the country have no accountability and the law of the land does not apply to them.
He gave this statement shortly after the Supreme Court passed a judgment explaining the powers of Governors and the President of India in relation to state laws. Dhankhar also seemed to indirectly criticize the courts by saying that they are not following democratic boundaries.
Now, with Dubey’s comments under review and the Attorney General yet to give his nod, all eyes are on the Supreme Court as it prepares to hear the matter next week.
YESTERDAY HEARING IN APEX COURT
The Supreme Court of India yesterday (April 21) told a lawyer that he must first take permission from the Attorney General (AG) before he can file a contempt of court case against BJP MP Nishikant Dubey.
The case is about Dubey’s strong comments against the Supreme Court and the Chief Justice of India (CJI) Sanjiv Khanna.
A two-judge Bench of Justice BR Gavai and Justice AG Masih gave this direction during the court hearing. The lawyer who appeared wanted to move a contempt petition, but the judges said that the correct process must be followed.
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Justice Gavai clearly said:
“Make a case before AG. He will give permission.”
As per the Contempt of Courts Act, 1971, if a private person wants to file a contempt of court case in the Supreme Court, they must first get written approval from either the Attorney General (AG) or the Solicitor General (SG).
ALSO READ: BJP MP Nishikant Dubey: “CJI Khanna Responsible for All Civil Wars in the Country”
The issue started when Nishikant Dubey, a Member of Parliament from the Bharatiya Janata Party (BJP), made a controversial comment during an interview with Asian News International (ANI).
He blamed the Chief Justice of India Sanjiv Khanna by saying:
“All civil wars in the country were because of him.”
After this comment, some lawyers wrote to the Attorney General, requesting permission to file a contempt case against Dubey under the same Contempt of Courts Act.
This controversy comes at a time when several BJP leaders are making strong remarks against the judiciary, especially the Supreme Court. They accuse the top court of doing the work of the executive and even making laws through its judgments, which is usually the job of the Parliament.
Nishikant Dubey made these remarks shortly after the Supreme Court gave directions related to the Waqf Amendment Act. The court had taken up petitions challenging the Act, and the central government later said it would not apply certain parts of the law for now.
Earlier also, there was criticism from top political leaders. The Vice President of India and Rajya Sabha Chairman Jagdeep Dhankhar said that Indian judges have no proper accountability, and they act as if normal laws don’t apply to them.
He had strongly criticized the judiciary after a recent Supreme Court decision that interpreted the powers of the Governor and the President of India in relation to laws passed by state legislatures.
This whole matter has now sparked a fresh debate between the judiciary and the political leadership, raising questions on separation of powers, freedom of speech, and the respect for the court’s dignity in a democratic setup like India.
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