SC to hear contempt petition against BJP MP Dubey next week
Advocate Narendra Mishra approached the Gavai-led bench on Monday with a request to file a criminal defamation case against Godda MP Dubey
The Supreme Court on Tuesday agreed to hear next week a petition seeking contempt of court action against Bharatiya Janata Party (BJP) leader Nishikant Dubey for his recent comments against Chief Justice of India (CJI) Sanjiv Khanna and the top court that have ignited a storm of criticism.
A bench headed by justice Bhushan R Gavai, who is set to become the next CJI on May 14, directed the petition to be listed next week after advocate Narendra Mishra mentioned the case.
On Monday, Mishra had first approached the Gavai-led bench with a request to file a criminal defamation case against Godda MP Dubey. At that time, the top court had asked him to seek the consent of attorney general R Venkatramani.
But on Tuesday, Mishra told the apex court that letters seeking the AG’s consent on criminal contempt against Dubey were pending before him but no action was forthcoming even as the statements against the CJI and the top court were getting widely circulated.
Hitting out at the BJP MP, Congress leader Akshay Lakra said, “What Nishikant Dubey said is not a mere coincidence, but a horrifying conspiracy of the BJP-RSS to destroy the country’s democracy, Constitution and judiciary.”
HT reached out to Dubey and BJP, but did not get any response to requests for comments.
Under a 1971 law, there are three ways to file a contempt of court case in the Supreme Court. The top court can take it up suo-motu (on its own), a petition can be filed directly by the attorney general or the solicitor general, or a private person can file a case after getting the consent of the AG or the SG.
However, the letter petition, filed by advocate Mishra and addressed directly to the Supreme Court, urges it to take cognisance of the statements suo motu. The matter will be listed next week.
To be sure, sanction of AG/SG is required to initiate criminal contempt.
Dubey had stoked a row on Saturday when he lashed out at the top court and CJI Khanna over the SC’s observations in the Waqf Amendment Act case, and its directions setting timelines for the governors and the President to act on bills in the Tamil Nadu governor case.
The four-time MP questioned how the Supreme Court could set a timeline for the President to act on bills referred by governors, adding that the court was “responsible for inciting religious wars in the country” and CJI Khanna “was responsible for the civil wars taking place in the country” .
His comments were condemned by the Opposition and BJP chief JP Nadda later distanced the party from the remarks. “The BJP neither agrees with such statements nor does it ever support such statements. The BJP completely rejects these statements...,” he said on X.
In his petition, Mishra said Dubey’s comments “strike at the foundation of the judiciary’s independence and are intended to erode public confidence in this court”.
His petition further stated, “These statements (made by Dubey) are false, reckless, and malicious” and amount to criminal contempt as they tend to “scandalize or lower the authority of the court”. It is imperative, he added, that the court’s dignity remains unassailable, especially in an era where misinformation and divisive rhetoric are being weaponised to destabilise democratic institutions.
Stating that such acts, especially from a sitting lawmaker, cannot be brushed aside as mere political commentary, Mishra said, “They are a deliberate attempt to intimidate the judiciary, incite public disorder, and delegitimize the institution entrusted with protecting the Constitution.” He urged the court to initiate suo motu criminal contempt against Dubey.
Mishra said the comments were hurting the court and the government was not taking any action. “The video is viral all over the country and there is no action on the letters written to attorney general,” he said in court.
Two lawyers had sought the AG’s consent for criminal contempt on Saturday -- Anas Tanwir and Shiv Kumar Tripathi -- soon after Dubey’s comments.
In his submissions to the court, Mishra also sought orders directing the removal of videos from social media platforms.
The development comes amid a fractious debate on the bounds of judicial action, especially against the backdrop of the top court’s landmark verdict hemming the powers of governors. On April 11, in an interview to HT, Kerala governor Rajendra Arlekar had said that the Supreme Court’s recent ruling on the Tamil Nadu governor, setting a timeline for governors to deal with bills cleared by the legislature is “overreach by the judiciary”.
On April 17, vice president Jagdeep Dhankar had taken exception to the Supreme Court’s judgment setting timelines for President, describing Article 142 of the Constitution – which bestows Supreme Court extraordinary powers to do complete justice – as a “nuclear weapon” used by the judiciary against democratic forces. He even criticised the top court for acting as “super Parliament” for its directions in the Tamil Nadu case.
In a related development, the Supreme Court Bar Association (SCBA) has issued a resolution condemning the “intemperate” statement made by BJP MP NIshikant Dubey to be defamatory and amounting to contempt of the Supreme Court.
The resolution passed on Monday by SCBA, led by its president Kapil Sibal, referred to Dubey’s comments holding CJI responsible for “all civil wars in the country” and accusing the court for “going beyond its limits”. “This statement is not only defamatory but also amounts to contempt of the Supreme Court,” the resolution said. It also hoped that the Attorney General will grant consent on the petitions pending for his sanction reminding him of his duty to protect the dignity of the institution and the CJI. A similar resolution was also issued by SC Advocates on Record Association condemning Dubey’s statements.
