This story is from April 22, 2025
'Unacceptable': SC Bar Association condemns Nishikant Dubey's 'civil war' remark, demands action
NEW DELHI: The Supreme Court Bar Association (SCBA) on Tuesday condemned BJP MP Nishikant Dubey remark criticising the top court and the Chief Justice of India, Sanjiv Khanna, over the issue of the new Waqf law.
The SCBA issued a resolution and urged the Attorney General of India to grant consent for initiating contempt proceedings against Dubey for protecting the dignity of CJI Khanna.
"This statement is 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," said the SCBA.
Earlier, the Supreme Court agreed to hear a plea seeking contempt proceedings against Dubey for his remarks targeting the judiciary.
The petition, mentioned before a bench comprising Justices B R Gavai and Augustine George Masih on Tuesday, will be taken up next week.
“This is a very serious issue,” the petitioner’s counsel told the bench. Justice Gavai asked if the counsel was seeking to file a contempt petition, to which the lawyer responded that a petition had already been filed.
It was also submitted that the Attorney General had been approached for consent to initiate contempt proceedings but no action had followed. The petitioner urged the court to at least direct social media platforms to remove the video of Dubey's remarks.
The BJP MP had launched an attack on the judiciary over its handling of the Waqf (Amendment) Act, suggesting that if the Supreme Court continued to make laws, there would be no need for Parliament or State Assemblies.
“The Supreme Court is going beyond its limits. If everything is to be decided there, shut down Parliament,” Dubey had told ANI on Saturday, accusing the judiciary of provoking religious discord and calling CJI Khanna responsible for “civil wars.”
Dubey further criticised the apex court's ruling on Article 377 and questioned its authority in legal matters, alleging that it had taken over legislative functions and was undermining constitutional structures. “You want to take this country towards anarchy,” he added.
"This statement is 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," said the SCBA.
Earlier, the Supreme Court agreed to hear a plea seeking contempt proceedings against Dubey for his remarks targeting the judiciary.
The petition, mentioned before a bench comprising Justices B R Gavai and Augustine George Masih on Tuesday, will be taken up next week.
“This is a very serious issue,” the petitioner’s counsel told the bench. Justice Gavai asked if the counsel was seeking to file a contempt petition, to which the lawyer responded that a petition had already been filed.
It was also submitted that the Attorney General had been approached for consent to initiate contempt proceedings but no action had followed. The petitioner urged the court to at least direct social media platforms to remove the video of Dubey's remarks.
“The Supreme Court is going beyond its limits. If everything is to be decided there, shut down Parliament,” Dubey had told ANI on Saturday, accusing the judiciary of provoking religious discord and calling CJI Khanna responsible for “civil wars.”
Dubey further criticised the apex court's ruling on Article 377 and questioned its authority in legal matters, alleging that it had taken over legislative functions and was undermining constitutional structures. “You want to take this country towards anarchy,” he added.
Top Comment
A
Alka Bhatia
107 days ago
This question itself is wrong, The question should be how effective is the collegium system? Justice verma's case and many earlier cases have proved that, collegium is not effective adequately, and needs change. What changes should be made, is to be debated in parliament. Few Suggestions emerging from vies of various experts are as under:1. Involve MPs in selections of judges of SC, and HC, and involve MLAs in selections of Judges of lower courts. 2.All eligible Advocates etc may apply for post of Judge. 3. Interviews be conducted and be made online as far as possible. 4.Past record to verdicts delivered by the judge be kept in mind. 5. Panel involving MPs/MlAs, be formed in assessing performance of a judge for promotion etc. 6. Good practices of other countries be adopted to the extent possible. 6. The system be reviewed every 5 years for improvement if so reqd.Read allPost comment
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