Manas Dasgupta
NEW DELHI, Apr 20: The BJP on Sunday distanced itself from the critical remarks made by two of its leaders targeting the Supreme Court, the Chief Justice of India and the judiciary as a whole even as the opposition have launched a sharp attack on the ruling party and a Supreme Court advocate seeking Attorney General’s consent to initiate a contempt proceeding against the BJP MP.
The Supreme Court advocate Anas Tanveer representing one of the litigants in the Waqf Act case has written to Attorney General R Venkatramani seeking to initiate a contempt proceedings against the BJP MP Nishikant Dubey over his “grossly scandalous” remarks “aimed at lowering the dignity” of the top court. Mr Tanveer said Mr Dubey’s remarks were “deeply derogatory and dangerously provocative.”
BJP brass has distanced itself from its leaders’ remarks targeting the Supreme Court. The two MPs, Mr Dubey and Mr Dinesh Sharma have been asked to refrain from such statements. BJP president JP Nadda took to X to clear the party’s stand. “The Bharatiya Janata Party has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice of the country. These are their personal statements, but the BJP neither agrees with nor supports such statements. The BJP completely rejects these statements.”
Mr Nadda added, “Bharatiya Janata Party has always respected the judiciary and gladly accepted its orders and suggestions because, as a party, we believe that all the courts of the country, including the Supreme Court, are an integral part of our democracy and are a strong pillar of the protection of the Constitution.” The party chief said both MPs and others in the party have been instructed against making such remarks. “I have instructed both of them and everyone else not to make such statements,” he wrote.
This comes a day after Mr Dubey launched a broadside against the Supreme Court, saying Parliament and state assemblies should be shut if the apex court had to make laws. He also took a swipe at Chief Justice India (CJI) Sanjiv Khanna, holding him responsible for “civil wars” in the country.
In his letter to the attorney general, advocate Anas Tanveer said Dubey’s remarks are “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.
Mr Dubey’s attack on the apex court came despite the Centre giving an assurance to it that it would not implement the contentious provisions of the amended Waqf act till the next hearing in the court next month.
Earlier on Saturday, Mr Dubey — one of the more vocal BJP members in the Lok Sabha — launched a broadside against the Supreme Court, saying Parliament and state assemblies should be shut if the apex court had to make the laws. He also took a swipe at CJI Sanjiv Khanna. Mr Dubey had also alleged that CJI Khanna was responsible for “civil wars” in the country. Mr Sharma, a former deputy chief minister of Uttar Pradesh, was also critical of the Supreme Court, saying no one could direct Parliament or the President.
The two BJP MPs targeting the Supreme Court and the CJI drew sharp response from the opposition with AIMIM chief and Hyderabad MP Asaduddin Owaisi has slammed the Godda MP and said Prime Minister Narendra Modi must stop those threatening the courts. The Congress general secretary in-charge of communications Jairam Ramesh has accused the Centre of trying to weaken the Supreme Court.
The criticism of the Supreme Court by a section of BJP leaders comes weeks after the top court’s landmark judgment that effectively set a three-month deadline for the President and the Governors to clear Bills passed by the legislatures for the second time, particularly in reference to the Tamil Nadu governor RN Ravi who was sitting over the bills passed by the state Assembly for more than five years.
Commenting on the Supreme Court hearing the petitions challenging the Waqf amendment act passed by Parliament and signed by the President, Mr Dubey had said Parliament should be shut down if the Supreme Court makes all decisions. “The top court has only one aim: ‘Show me the face, and I will show you the law’. The Supreme Court is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut,” he said.
Referring to the top court verdict decriminalising homosexual relations between consenting adults, the BJP MP said, “There was an Article 377 in which homosexuality was a big crime. The Trump administration has said there are only two sexes in this world, either male or female… Whether it is Hindu, Muslim, Buddhist, Jain or Sikh, all believe that homosexuality is a crime. One fine morning, the Supreme Court said we abolish this…,” he said.
“When the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you (Supreme Court) say, ‘Show us the paper’. But for mosques built after the Mughals came, you are saying how will you show papers? The Supreme Court is responsible for inciting religious wars in this country. It is crossing its limits.”
Mr Dubey also asked how the Supreme Court can set a deadline for President and Governors to clear Bills. “How can you give direction to the appointing authority? The President appoints the Chief Justice of India. Parliament makes the law of this country. You will dictate Parliament?”
BJP leader Dinesh Sharma said no one can “challenge” the President, as the President is “supreme.” “There is an apprehension among the public that when Dr BR Ambedkar wrote the Constitution, the rights of the Legislative and Judiciary were clearly written… According to the Constitution of India, no one can direct the Lok Sabha and Rajya Sabha. The President has already given her assent to it. No one can challenge the President, as the President is supreme,” he said.
The Congress said BJP distancing itself from Mr Dubey and Mr Sharma’s criticism of the judiciary was a mere “damage control” exercise and asked why no action had been taken against the two. Mr Ramesh said the distancing of the “outgoing BJP president” from the “atrocious remarks” made by two MPs on the Chief Justice of India (CJI) carried little meaning.
“These MPs are repeat offenders when it comes to hate speech and are very often used by G2 to attack communities, institutions, and individuals. The outgoing BJP president’s clarification is nothing but damage control,” Ramesh said in a post on X. “It will fool nobody. This is Entire Political Science reflecting itself as Entire Political Hypocrisy,” he said.
But the “outgoing BJP president” is totally silent on equally unacceptable remarks on the judiciary that are continually made by one of its very distinguished appointees to a high constitutional position, Mr Ramesh said and asked what he had to say about those remarks and if the BJP subscribed to them.
The former Union minister further asked, “If the continued silence of the prime minister on these repeated attacks on the Indian Constitution is not tacitly supportive of them, why has no action been taken against these two MPs? Has Nadda ji issued show cause notices to these two MPs?”
In a sharp counter to Mr Dubey’s remark, AIMIM chief Owaisi said a Supreme Court judgment was the law. “You are tubelights, you are thumbs-up… You are threatening the courts? Article 142 of the Constitution (which gives the Supreme Court special powers) was brought by BR Ambedkar. Ambedkar was more far-sighted than you,” said the barrister who studied at Lincoln’s Inn in London.
Addressing Prime Minister Modi, he said, “Your people are so radicalised that they are threatening the courts. Modi ji, if you do not stop these people who are threatening, the country will weaken and the country won’t forgive.”
The BJP leader’s attacks on the top court were preceded by Vice-President Jagdeep Dhankhar’s strong words against the judiciary. Mr Dhankhar, a senior lawyer, said the President is a very elevated position and takes the oath to preserve, protect and defend the Constitution. “There is a directive to the President by a recent judgment. Where are we heading? What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super-parliament, and absolutely have no accountability because law of the land does not apply to them,” he said.
“We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges or more… Article 142, Article 142 has become a nuclear missile against Democratic forces, available to judiciary 24 x 7”, he said about the provision granting special powers to Supreme Court.
