‘Don't need our nod to file contempt plea': SC to petitioner on Nishikant Dubey's remarks
The Supreme Court on Monday told a petitioner that he does not need its permission to file a contempt plea against Bharatiya Janata Party (BJP) MP Nishikant Dubey over his criticism of the apex court and Chief Justice of India (CJI) Sanjiv Khanna.
According to a PTI report, 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 was quoted by PTI as saying.
ALSO READ: 'Close down Parliament if…': Nishikant Dubey attacks Supreme Court; Congress MP says 'not acceptable'
The bench said the petitioner needs to get a sanction from the attorney general in the matter.
In his letter to attorney general R Venkatramani, advocate Anas Tanveer termed Dubey's remarks "deeply derogatory and dangerously provocative".
"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 Shri Nishikant Dubey, Hon'ble 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.
ALSO READ: 'Why no action?': Oppn continues attack on BJP over Dubey's remarks on judiciary
Nishikant Dubey, a BJP MP from Jharkhand's Godda, stoked a massive row after he held CJI Sanjiv Khanna responsible for the "civil wars" happening in the country.
"Chief Justice of India, Sanjiv Khanna, is responsible for all the civil wars happening in this country," Dubey told ANI.
"Article 368 says that Parliament has the right to make all laws and the Supreme Court has the right to interpret the law. The top court is asking the President and Governor to tell what they have to go regarding the Bills. When Ram Mandir or Krishna Janamboomi or Gyanvapi comes, you (SC) says 'Show us the paper'. Mughals ke aane ke baad jo Masjid banne hai unke liye keh raho ho paper kaha se dikhao," he added.
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.
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