Nishikant Dubey's remarks on judiciary: Don't need our nod to file contempt plea, SC to petitioner

New Delhi | 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.

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.

Dubey launched a broadside against the Supreme Court on Saturday, saying 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's remarks 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.

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.

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.