The Supreme Court on Monday told a petitioner that he does not need its permission to file a contempt petition against BJP MP Nishikant Dubey over his criticism of the apex court and Chief Justice of India (CJI) Sanjiv Khanna.
A Supreme Court lawyer wrote the letter for the permission to file petition against Dubey after he made a controversial remark against the Supreme Court stating that Parliament and state assemblies should be 'shut' if the apex court has to make laws. He also took a swipe at CJI Khanna, holding him responsible for "civil wars" in the country.
Dubey again aimed at former chief election commissioner S Y Quraishi as he said, "You (SY Quraishi) were not an election commissioner, you were a Muslim commissioner. The maximum number of Bangladeshi infiltrators were made voters in Santhal Pargana in Jharkhand during your tenure".
Later, Anas Tanveer, a Supreme Court lawyer representing one of the litigants in the Waqf Act case, wrote to Attorney General R Venkatramani seeking consent to initiate contempt proceedings against Dubey over his "grossly scandalous" remarks "aimed at lowering the dignity" of the top court.
"I am writing this letter under Section 15(1)(b) of the Contempt of Courts Act, 1971, read with Rule 3(c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, to humbly seek your kind consent for initiating criminal contempt proceedings against Nishikant Dubey, Member of Lok Sabha from Godda parliamentary constituency in Jharkhand, for statements made by him in public that are grossly scandalous, misleading, and aimed at lowering the dignity and authority of the Hon'ble Supreme Court of India," the letter said.
What Did Supreme Court Bench Say?
The matter was mentioned before a bench comprising Justices B R Gavai and Augustine George Masih.
The petitioner's counsel referred to a recent news report about Dubey's comments and said he wanted to file a contempt petition with the court's permission.
"You file it. For filing, you don't require our permission," Justice Gavai said.
The bench said the petitioner needs to get a sanction from the attorney general in the matter.
What Did Nishikant Dubey Say?
Fourth-term BJP MP Nishikant Dubey made a social media post in Hindi on X and later, in remarks to PTI, accused the court of arrogating to itself Parliament's legislative powers by striking down laws passed by the legislature and even giving directions to the President who, Dubey noted, is the appointing authority of Supreme Court judges.
"Kanoon yadi Supreme Court hi banayega to Sansad Bhavan bandh kar dena chahiye," the BJP MP said on X.
His comment came following the Centre's assurance to the court that it would not be implementing some of the contentious provisions of the Waqf (Amendment) Act till the next day of hearing after the court raised questions over them. It is hearing several pleas challenging the constitutionality of the Act, which was passed by Parliament in the first week of this month.
Dubey appeared to question the court's critical observations on the Act's dilution of the "Waqf by use" provision, saying it has sought documentary proof in cases involving temples, including Ram Mandir in Ayodhya, but has chosen to ignore the similar need in the ongoing case.
Dubey cited the court's earlier decisions to decriminalise consensual homosexuality, which was covered under Section 377 of the erstwhile Indian Penal Code, and to strike down Section 66(A) of the IT Act to target its alleged overreach.
He claimed that the court decriminalised homosexuality despite all religions considering it wrong and that Section 66(A) was required to curb the increasing misuse of online platforms to send objectionable contents.
Reactions To Comment Against Former CEC
Hitting out at BJP MP Nishikant Dubey for his "Muslim commissioner" barb, former chief election commissioner S Y Quraishi on Monday said he believes in an idea of India where an individual is defined by his contributions, and asserted that "for some, religious identities are a staple to forward their hateful politics".
Quraishi asserted that India has, is and will always stand up and fight for its constitutional institutions and principles.
"I served on the constitutional post of Election Commissioner to the best of my ability and had a long and fulfilling career in the IAS. I believe in an idea of India where an individual is defined by his or her talents and contributions and not by their religious identities," Quraishi told PTI.
"But I guess, for some, religious identities are a staple to forward their hateful politics. India has, is and will always stand up and fight for its constitutional institutions and principles," he said.
Samajwadi Party president Akhilesh Yadav on Monday slammed BJP MP Nishikant Dubey for his remarks against former CEC S Y Quraishi, saying he should refrain from commenting on a former constitutional authority who has served the nation with distinction.
In a post on X, Yadav wrote, “One who has already been discredited by his own party for making a ‘personal opinion’ that is not worthy of endorsement should maintain silence on a retired constitutional officer. That would be more respectful.”
BJP Distanced Itself From The Controversial Remark
The BJP on Saturday distanced itself from Dubey's criticism of the Supreme Court, with party president J P Nadda calling the comments his personal views.
He also affirmed the ruling party's respect for the judiciary as an inseparable part of democracy.
Nadda said he had directed party leaders not to make such comments.
