The SCBA has adopted a resolution calling for action against Dubey, stating: “We trust that the Attorney General, tasked with safeguarding the Constitution and the laws, who has reportedly received a petition seeking consent to initiate Criminal Contempt proceedings against Mr. Nishikant Dubey, will grant such consent to uphold the dignity of the Institution and the Chief Justice of India, Mr. Justice Sanjiv Khanna.”
The resolution describes Dubey’s remarks as an intolerable “attack” on the Supreme Court and CJI Khanna. It asserts, “This assault on the Supreme Court as an Institution and against the Chief Justice of India, Mr. Justice Sanjiv Khanna, as an individual, is unacceptable and must be addressed in accordance with the law.”
Dubey ignited controversy by stating that CJI Khanna is to blame for “all civil wars in the country.” He also remarked that the Supreme Court “is overstepping its boundaries” and asserted that “if individuals must turn to the SC for every issue, then Parliament and State Assemblies might as well be dissolved.”
His statements emerged following an SC judgment imposing deadlines on governors and the President regarding decisions on bills passed by state assemblies. These comments also come as the SC encourages the Centre to delay the implementation of parts of the recently enacted Waqf Act.
Since Dubey’s comments were made, at least two applications for contempt proceedings are currently awaiting the Attorney General’s review. The Contempt of Courts Act mandates approval from the Attorney General, Solicitor General, or Advocate General. Additionally, the SC has the authority to initiate suo motu contempt proceedings.
Earlier on Tuesday, the SC agreed to schedule a hearing next week regarding a petition seeking contempt proceedings against Dubey.
Also read: SY Quraishi was not election commissioner but ‘Muslim commissioner’: Nishikant Dubey on Waqf Act criticism
