HC dismisses plea seeking action against VP, union law minister

The Bombay high court on Thursday dismissed a public interest litigation (PIL) petition seeking action against India’s vice president Jagdeep Dhankhar and union law minister Kiren Rijiju for their public statements against the Supreme Court collegium, the judiciary, and the apex court

The Bombay high court on Thursday dismissed a public interest litigation (PIL) petition seeking action against India’s vice president Jagdeep Dhankhar and union law minister Kiren Rijiju for their public statements against the Supreme Court collegium, the judiciary, and the apex court.

New Delhi, Dec 20 (ANI): West Bengal Leader of Opposition Suvendu Adhikari calls on Vice President Jagdeep Dhankhar, at Parliament House, in New Delhi on Tuesday. (ANI Photo) (Vice President of India Twitter)

A division bench of acting chief justice S V Gangapurwala and justice S V Marne refused to entertain the plea after the petitioner, Bombay Lawyers Association (BLA), failed to mention the legal provisions under which a court could disqualify the vice president. The PIL was filed by advocate Eknath Dhokale.

BLA chairman, advocate Ahmed Abdi, said the association approached the court with great anguish as the two senior officials had violated their oaths of office.

Rijiju had repeatedly questioned the collegium system while Dhankhar had raised questions over the “basic structure doctrine” on the powers of the judiciary vis-a-vis the legislature and called the scrapping of the NJAC Act a severe compromise of parliamentary sovereignty, the plea said.

Abdi said the remarks were not only derogatory to the constitution but also affected public at large and would lead to anarchy. The conduct of Dhankhar and Rijiju had lowered the prestige of the Supreme Court in public, he claimed.

The petition further said a “frontal attack is launched on the judiciary in the most insulting and derogatory language without using any recourse available under the constitution.”

However, when the bench sought to know the legal provisions under which the VP could be disqualified by the court, Abdi said it could be done in parliament but as the authorities responsible for it were not taking action, the court had to lay down the law. Abdi said if the actions of the senior officials were not checked others would follow them.

The petition sought interim relief by restraining Dhankhar and Rijiju from discharging their duties and from making derogatory, insulting and objectionable utterances.

Additional solicitor general Anil Singh, appearing for the central government, called the PIL frivolous and a publicity stunt, and said it was filed without any legal grounds. He sought its dismissal and imposition of costs on the petitioner as well.

After hearing the submissions, the bench said it was not inclined to entertain the plea and dismissed it, and said the reasons would be recorded separately.