On April 19, BJP MP Nishikant Dubey had made sharp remarks against the judiciary, saying “Parliament and state assemblies should be shut if the apex court has to make laws.”
New Delhi, April 22 – The Supreme Court of India has agreed to hear next week a petition concerning critical remarks made by BJP MP Nishikant Dubey against the apex court and Chief Justice of India (CJI) Sanjiv Khanna. The plea also seeks urgent directions to remove viral derogatory videos from social media platforms.
The matter was mentioned for urgent listing before a Supreme Court bench comprising Justices B R Gavai and Augustine George Masih.
The counsel representing the petitioner informed the bench that BJP MP Nishikant Dubey had recently made serious allegations against the Supreme Court and the CJI.
The counsel quoted Dubey as saying:
“The CJI was responsible for civil wars in the country.”
After the video clip of his remarks went viral on social media, people began using offensive phrases against the Supreme Court, the lawyer said.
He stressed:
“This is a very serious issue.”
In response, Justice Gavai asked:
“What (do) you want to file? You want to file a contempt petition?”
The lawyer clarified that he had already filed a petition in the Supreme Court, stating that despite the severity of the comments, the government had not taken any action against the MP.
He added that one of his colleagues had written to Attorney General R Venkataramani seeking his consent to initiate contempt proceedings against Dubey, but:
“There was no outcome.”
The counsel urged the court to give immediate directions:
“The issue is, at least give directions today to the social media platforms to remove these videos.”
The bench declined immediate directions but said that:
The matter would be listed for hearing next week.
Just a day before (on Monday), the Supreme Court told another petitioner that the court’s permission is not required to file a contempt case against Dubey.
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).
BACKGROUND
On April 19, BJP MP Nishikant Dubey had made sharp remarks against the judiciary, saying:
“Parliament and state assemblies should be shut if the apex court has to make laws.”
These comments came after the Union Government assured the Supreme Court that it would not implement some controversial parts of the Waqf (Amendment) Act until the next hearing. The court had earlier questioned these provisions.
Following this, advocate Anas Tanveer, representing a party in the Waqf Act case, wrote to Attorney General R Venkataramani and asked for consent to initiate contempt proceedings. He described Dubey’s remarks as:
“Grossly scandalous” and “aimed at lowering the dignity” of the Supreme Court.
Later on April 19, the BJP leadership distanced itself from the controversial comments. Party president JP Nadda made it clear that
“The BJP has nothing to do with the comments of MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice. These are personal remarks, and the BJP neither agrees with nor supports them in any manner. We unequivocally reject them,”
Nadda posted.
Earlier in the day, Dubey, a fourth-term MP known for his bold rhetoric in the Lok Sabha, launched a scathing attack on the judiciary. He questioned the role of the Supreme Court in lawmaking, saying,
“If the Supreme Court is going to make the laws, then what’s the point of Parliament and state assemblies? They should just be shut down.”
“The comments were his (Dubey’s) personal views.”
He also reassured the public of the BJP’s faith in the judiciary:
“The ruling party’s respect for the judiciary is an inseparable part of democracy.”
Nadda said he had also instructed party leaders:
“Not to make such comments.”
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