Seek AG nod to file contempt plea against Dubey: SC to petitioner

As a lawyer sought to initiate contempt of court proceedings against BJP MP Nishikant Dubey over his scathing criticism of the judiciary and Chief Justice of India Sanjiv Khanna, the Supreme Court 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 (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 AG or the Solicitor General.

A day after Dubey said Parliament and state Assemblies should be shut if the Supreme Court had to make laws, an advocate had on Sunday written to Attorney General R Venkatramani seeking his consent to initiate contempt of court proceedings against him over his “grossly scandalous” remarks. Some other lawyers have also sought to initiate contempt of court proceedings against Dubey.

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