Today, On 5th May, The Supreme Court refused to entertain a contempt plea against Nishikant Dubey for his civil war comments on the CJI. CJI Khanna stated, “We will give a short order with reasons but won’t entertain it.”
New Delhi: The Supreme Court stated on Monday that it will not consider a public interest litigation (PIL) petition seeking contempt of court action against Bharatiya Janata Party Member of Parliament (MP) Nishikant Dubey for his remarks against the Supreme Court and Chief Justice of India (CJI) Sanjiv Khanna.
The Bench of CJI Sanjiv Khanna and Justice PV Sanjay Kumar added that it will issue a reasoned order on the matter.
Petitioner Vishal Tiwari said,
“The dignity of the institution has to be protected. It cannot go like this. Earlier, court took cognisance in Delhi judicial services case ,”
CJI Khanna remarked,
“We will be passing a short order. We will give some reasons. We will not be entertaining it but we will give a short order,”
Chief Justice Sanjiv Khanna, responding to concerns raised by a lawyer about safeguarding the institution’s reputation, stated,
“Our shoulders are broad enough.”
According to petitioner Vishal Tiwari, the Court must protect its dignity, referencing a previous instance where the court took cognizance in the Delhi judicial services case. CJI Khanna responded that the court would issue a brief order outlining its reasoning for not entertaining the petition.
Dubey made the remarks in an interview with news agency, where he stated that CJI Khanna was to blame for “all civil wars in the country”. These comments followed the CJI-led bench’s suggestion to stay the recently enacted Waqf (Amendment) Act.
Dubey also voiced criticism of the court’s decision on Article 377, alleging that it had overstepped its authority by seizing legislative powers.
He stated, “You want to take this country towards anarchy.”
In response, the BJP quickly rejected Dubey’s statements. Party president J P Nadda clarified that the remarks reflected Dubey’s individual views and reaffirmed the BJP’s respect for the judiciary. Nadda also advised party leaders to refrain from making similar pronouncements.
The plea by Tiwari stated that the interview was filled with derogatory statements directed towards the judiciary and the Supreme Court.
It was submitted,
“Such acts amounts to an Offence punishable under Bharatiya Nyaya Sanhita and also under Section 15 of the Contempt of Courts Acts, 1971,”
The petition argued that political parties and leaders are increasingly targeting the judiciary and judges with hate speech and inflammatory comments.
Therefore, Tiwari requested the initiation of suo motu contempt of court proceedings against Dubey.
A separate contempt of court plea against Dubey concerning the same issue is already pending before the Supreme Court.
The Supreme Court Bar Association (SCBA) has formally denounced Dubey’s statements, passing a resolution on April 22.
The SCBA has urged the Attorney General of India to grant consent for initiating contempt proceedings against Dubey.
In addition to the contempt action, Advocate Vishal Tiwari’s petition also requests the Union Home Ministry to issue advisories to state Chief Secretaries, aiming to restrict hate speech related to the Waqf (Amendment) Act, 2025.
Advocate Narendra Mishra brought the plea before Justices BR Gavai and AG Masih, noting that requests for contempt proceedings against Dubey had been made to the Attorney General and Solicitor General without any action taken.
Tiwari’s letter petition argues that Dubey’s statements are “false, reckless, and malicious, and they amount to criminal contempt,” and seeks the removal of derogatory social media content targeting the judiciary.
Nishikant Dubey’s comments regarding the Supreme Court and the Chief Justice of India have triggered widespread criticism and sparked a heated controversy.
His statement was quickly condemned, even within his own party, with the BJP president publicly distancing the party from Dubey’s views.