Top court to take up plea against BJP MP’s remarks against judiciary next week

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

The matter was mentioned before a Bench led by Justice BR Gavai for urgent listing. Quoting Dubey’s statement that the top court was responsible for “civil wars” in the country, advocate Narender Mishra said derogatory phrases were being used for the top court on social media.

“Do you want to file a contempt petition?” Justice Gavai asked Mishra. Contending that he had already filed a petition in the matter in the top court, Mishra alleged that 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 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 the CJI.

“We do hope that the Attorney General, 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 Chief Justice of India 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 the BJP MP over his scathing criticism of the judiciary and CJI Khanna, the Supreme Court told him to seek the Attorney General’s permission to file a contempt petition.

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, adding that he had directed party leaders not to make such comments.