The Supreme Court on Monday told a petitioner that it does not require a bench permission to file a contempt petition against the Bharatiya Janata Party (BJP) MP Nishikant Dubey for criticizing the apex court and Chief Justice (CJI) Sanjeev Khanna.
The case was mentioned by Justice B.K. R. The bench of Gawai and Justice Augustine George Christ was done. The petitioner’s counsel cited a recent news about Dubey’s comments and said he wanted to file a contempt petition with the permission of the court.
Justice Gawai said, “You file it. You do not need our permission to file. ”
The bench said that the petitioner would have to get approval from the Attorney General in the case.
On Saturday, Dubey had targeted the Supreme Court and said that if the apex court has to enact a law, Parliament and the state assemblies should be closed.
He also targeted Chief Justice Khanna and blamed him for “civil wars” in the country.
Dubey’s commentary came after the assurance given by the Center to the court that it will not implement some controversial provisions of the Waqf (Amendment) Act till the next date of hearing. The court had questioned these provisions.
Later, the Supreme Court lawyer Anas Tanveer, who represented a plaintiff in the Waqf (Amendment) Act case Wrote a letter to Venkataramani requesting the consent to start contempt proceedings against Dubey.
According to the petitioner, Dubey commented on the aim of the “very condemnable” aim of “reducing dignity of the apex court”.
The letter said, “I am writing this letter under Section 15 (1) (B) of the Court of Invitation Act, 1971, requesting your humble consent to start criminal contempt against Nishikant Dubey, a Lok Sabha member from Godda parliamentary constituency of Jharkhand.” It should be read with Rules 3 (C) of the Rules, 1975 of regulating the proceedings for contempt of the Supreme Court. The statements that Dubey has made publicly is extremely condemnable, misleading and their purpose is to reduce the dignity and authority of the Hon’ble Supreme Court. ”
The Bharatiya Janata Party (BJP) on Saturday distanced itself from Dubey’s Supreme Court’s criticism comment. Party President J. P. Nadda described the comments as his personal view.
He also confirmed the honor of the ruling party towards the judiciary as an inseparable part of democracy.
Nadda said that he has instructed party leaders not to make such comments.
