Nishikant Dubey’s remarks against judiciary: SC refuses to entertain petition; but says will pass a short order

The Supreme Court on Monday refused to entertain a contempt petition against BJP MP Nishikant Dubey for his comments against the judiciary and CJI Sanjiv Khanna even as it said it will pass an order on the issue.

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"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,’ a Bench led by CJI Khanna said.

The CJI’s comment came after petitioner Vishal Tiwari submitted that “The dignity of the institution has to be protected. It cannot go on like this.”

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

As a lawyer sought to initiate contempt of court proceedings against Dubey over his scathing criticism of the judiciary and CJI Khanna, the Supreme Court had last month 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 (Attorney General). 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 had 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.