The Supreme Court Bar Association on Tuesday sought contempt action against Bharatiya Janata Party’s Bhagalpur MP Nishikant Dubey claiming that Chief Justice Sanjiv Khanna was responsible for all “civil wars/religious wars” in the country, LiveLaw reported. He also made other remarks that the association maintained are “not only defamatory but also amounts to contempt” of the Supreme Court.
“This attack on the Supreme Court, as an institution, and qua the Chief Justice of India Mr Justice Sanjiv Khanna, as an individual, is unacceptable and must be dealt with in accordance with the law,” the statement added.
The association urged the attorney general to take action against Dubey. Already an advocate on record Anans Tanvir has approached the SC with a plea to launch contempt proceedings to which a division bench of the court, led by Justice Gavai asked the advocate to seek the Attorney General (AG). The hearing on this is listed for next week as there has been no response from the AG.
Under the 1971 Contempt of Courts Act, an individual can file a contempt petition in the Supreme Court only with approval from the attorney general or the solicitor general, it has been reported.
In his letter to the SC, Tanvir had argued that contempt proceedings should be initiated against Dubey for his “grossly scandalous” and “misleading” pronouncements on the CJI that were aimed at “lowering the dignity and authority of the Court.”
The SCBA in its resolution has stated that “this attack on the Supreme Court as an institution and qua the Chief Justice of India, Mr Justice Sanjiv Khanna as an individual is unacceptable and must be dealt with in accordance with law.”
The resolution may be read here.
Besides the bar association, the Supreme Court Advocates-on-Record Association on Tuesday passed a resolution condemning Dubey’s remarks, Live Law reported.
“Such remarks are not only factually baseless and deeply irresponsible, but they also amount to a direct and unwarranted attack on the independence, dignity, and majesty of our country’s highest constitutional court,” the resolution was quoted as saying.
The Advocates-on-Record Association added that Dubey’s statements were “defamatory in nature and seek to lower the judiciary’s authority in the eyes of the public”.
The resolution emphasised the importance of judicial independence in a democracy and stated that while disagreements with the court’s decisions are acceptable, they must be expressed respectfully and within legal bounds.
The association also urged public representatives to “exercise restraint, uphold constitutional values, and respect the dignity of the judiciary”.
