New Delhi | Legal experts on Sunday denounced Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey's disparaging remarks against the judiciary, terming those irresponsible and asserting that the dignity and decorum of the top court should be maintained.
Last week, Dhankhar questioned the judiciary setting a timeline for the president to make decisions and acting as a "super Parliament", saying the Supreme Court cannot fire a "nuclear missile" at democratic forces.
Close on the heels of the Vice President's comments, BJP M Nishikant Dubey launched a broadside against the Supreme Court, saying Parliament and assemblies should be shut if the apex court had to make laws. He also blamed Chief Justice of India Sanjiv Khanna for "religious wars" in India.
His comment came following the Centre's assurance to the top court that it would not implement some of the contentious provisions of the new waqf law till the next day of hearing after the court raised questions over them.
Reacting to the comments, senior advocate and Bar Council of India chairman Manan Kumar Mishra said the judiciary is supreme and the dignity and decorum of the Supreme Court should be maintained.
"The controversy has been given a full stop by the BJP president. The judiciary is supreme. Whatever order has been passed by the Supreme Court is final and under Article 142 empowers the top court to do complete justice in any matter.
"If anybody is aggrieved, there is a scope for review. Such issues should not be discussed on roads and dignity and decorum of the Supreme Court should be maintained," he said.
Going into damage control immediately after Dubey's deprecating comments, the BJP disassociated itself from his criticism of the Supreme Court, with party chief J P Nadda rejecting the remarks as Dubey's own views. He also affirmed the party's respect for the judiciary as an inseparable part of democracy.
Reacting on Dhankhar's statement, former Supreme Court Bar Association president Vikas Singh said the vice-president, as a high constitutional functionary, should not make such a comment and every institution has to be respected.
About the comments of the BJP MP from Godda in Jharkhand, Singh said, "If he wants a remedy then he can file a review plea. Whatever the Supreme Court has said is final and you must respect it. That is the rule of law. There is no basis for him to say the Chief Justice of India is responsible for riots. The riots started before the hearing commenced."
Violence broke out in Samsherganj, Suti, Dhulian and Jangipur areas of Murshidabad over anti-Waqf Amendment Act protests on April 11 and 12 that left three dead and hundreds displaced as their homes were burnt down and vandalised by miscreants.
"Riots did not happen after the hearing (in the Waqf Amendment Act) case began. It is only the feeling of getting justice from the Supreme Court dawned that the riots stopped," Singh added.
Supreme Court advocate Ashwani Dubey said since Dhankhar held the constitutional post of Vice-president, he should refrain from making comments targeting the judiciary.
"In a democracy, each wing has a clear and demarcated role and must respect the other wings. Being the Vice-President, a constitutional post, he should refrain from making such comments."
On the BJP MP's comment, the top court advocate said, "It would be totally wrong to implicate the Supreme Court and the Chief Justice of India for violence. People of the country have faith in the judiciary. The BJP leadership has rightly distanced itself from the statement."
New Delhi | The Congress on Sunday described the BJP disassociating itself from the criticism of the Supreme Court by its MPs Nishikant Dubey and Dinesh Sharma as "damage control" and asserted that the minimum action against them should be their expulsion from the party.
Congress MP and senior advocate Abhishek Singhvi also called for contempt of court proceedings against Dubey, saying that hopefully the attorney general will give consent for criminal contempt without delay.
The opposition party also asked why no action had been taken against the two MPs and why no show cause notices were issued to them.
Congress general secretary in-charge communications Jairam 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, 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?"
Congress spokesperson and senior advocate Abhishek Singhvi said it appears that the Supreme Court and the CJI, as well as all venerable institutions are "fodder" for senior BJP politicians.
"Directly contemptuous remarks by (Nishikant) Dubey. In the latter's version, only orders favouring the government are kosher. Each day new missiles being fired by high functionaries," Singhvi said.
"Will we now stop talking about missiles from SC? Reality is missiles being fired against SC! Dubey alleges SC as a whole biased, accuses SC as a whole of what would be an offence under section 153 A of old IPC. Amazing & unbelievable. Hope sober AG gives consent for criminal contempt without delay," he said in a post in X.
Congress general secretary Mukul Wasnik tagged Ramesh's remarks on X and said the minimum action called for against the BJP MPs who made the "most atrocious comments" against the CJI and the Supreme Court was expelling them from the party.
"But will the BJP's outgoing president go beyond merely warning the MPs? We know that no action will be taken," Wasnik said.
Congress deputy leader in the Lok Sabha Gaurav Gogoi said on X, "I have my doubt regarding the statement of BJP President Shri J P Nadda ji. The BJP ecosystem especially those who are close to Prime Minister Modi and Home Minister Amit Shah are hell bent on tarnishing the position of Chief Justice of the Supreme Court of India." They are unhappy with the direction of the court in recent decisions related to Tamil Nadu and Waqf Amendment Act, he claimed.
"The RSS-BJP want to turn India into North Korea-Iraq," Gogoi alleged.
Congress' media and publicity department head Pawan Khera also slammed the BJP over the remarks of its two MPs.
"Nothing will happen by just distancing from the statement. What Nishikant Dubey said, is a direct attack on the Constitution. This has not happened for the first time. You would have also seen the comment of the Vice President.
"These statements would not have come without the silent nod of PM Modi. These are happening on his instructions, if it is not happening, then they should act, whether a showcause notice was issued? If it was, they should make it public. We understand what is happening," Khera told PTI Videos.
The BJP on Saturday disassociated itself from Dubey and Sharma's criticism of the Supreme Court, with party president Nadda calling the comments their personal views.
Nadda also affirmed the ruling party's respect for the judiciary as an inseparable part of democracy.
"The BJP has nothing to do with the comments of MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the chief justice. This is their personal comments but the BJP neither agrees with them nor does it ever support such remarks. The BJP absolutely rejects them," Nadda had said in a post on X.
He said he had directed both the leaders and other members of the party not to make such comments.
Earlier on Saturday, 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.
Dubey had also alleged that CJI Khanna was responsible for "civil wars" in the country.
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.
