Nishikant Dubey's remarks against judiciary: SC agrees to take up plea next week

The Supreme Court on Tuesday agreed to take up next week a petition against BJP MP Nishikant Dubey's recent scathing criticism of the top court and Chief Justice of India Sanjiv Khanna, and seeking removal of derogatory videos from social media platforms.

The matter was mentioned before a Bench led by Justice BR Gavai by advocate Narender Mishra for urgent listing.

Quoting Dubey’s statement that the top court was responsible for "civil wars" in the country that went viral, Mishra said derogatory phrases were being used on social media for the top court. "This is a very serious issue," he said.

"What (do) you want to file? You want to file a contempt petition?" Justice Gavai asked.

Contending that he has already filed a petition in the matter in the top court, Mishra alleged the government was not taking action against the MP.

He said one of his colleagues wrote to Attorney General R Venkataramani seeking his consent to initiate contempt proceedings against Dubey but there was no response. "At least give directions today to the social media platforms to remove these videos," he urged the Bench.

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) on Tuesday condemned Dubey’s remarks against the judiciary and CJI Khanna.

"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 Nishikant Dubey, will grant consent to protect the dignity of the institution and the dignity of the CJI Sanjiv Khanna," an SCBA resolution read.

Terming Dubey’s remarks as “irresponsible” and “wholly uncalled for”, an SCAORA resolution said it “sets a dangerous precedent and undermines the faith of the common citizen in the rule of law.”

As a lawyer sought to initiate contempt of court proceedings against BJP MP Nishikant Dubey over his scathing criticism of the judiciary and CJI Khanna, the Supreme Court had on Monday told him to seek the Attorney General’s permission to file a contempt petition.

"You file it. For filing, you don't require our permission…Make a case before the AG. He will give (you) permission," a Bench led by Justice BR Gavai told the petitioner’s counsel who mentioned the matter.

The court’s comments came after the counsel referred to recent news reports about Dubey's comments and said he wanted to file a contempt of court petition with the court's permission.

According to Section 15(1)(a) of the Contempt of Courts Act, 1971, a person can file a contempt of court petition in the Supreme Court only after obtaining the consent of the Attorney General or the Solicitor General.

The BJP has already distanced itself from Dubey’s critical remarks against the Supreme Court. Terming Dubey’s comments as his personal views, BJP president JP Nadda affirmed the party’s respect for the judiciary as an inseparable part of democracy and that he had directed party leaders not to make such comments.

Terming Dubey’s remarks as “deeply derogatory and dangerously provocative”, advocate Anas Tanveer has written to the Attorney General for initiating contempt of court proceedings saying the BJP MP’s “grossly scandalous” remarks were “aimed at lowering the dignity” of the top court.

Dubey’s remarks came after the Centre assured the top court — which raised questions over certain contentious provisions of the Waqf (Amendment) Act, 2025 — that it would not implement them till the next day of hearing.