SC raps BJP MP for ‘scandalous’ remarks on judiciary, CJI

Rapping BJP MP Nishikant Dubey for his “highly irresponsible” comments against it and Chief Justice of India Sanjiv Khanna, the Supreme Court has said the confidence in and credibility of the courts in the eyes of the public could be shaken by such absurd statements.

However, a Bench of CJI Khanna and Justice Sanjay Kumar refrained from taking any action against Dubey, saying, “Courts believe in values like free press, fair trial, judicial fearlessness and community confidence”.

It said, “Thus, courts need not protect their verdicts and decisions by taking recourse to the power of contempt. Surely, courts and judges have shoulders broad enough and an implicit trust that the people would perceive and recognise when criticism or critique is biased, scandalous and ill-intentioned.”

Dubey sparked a row when he said, “(the) Supreme Court is taking the country towards anarchy” and that “Chief Justice of India Sanjiv Khanna is responsible for the civil wars taking place in the country”.

The top court asserted that “The judiciary’s legitimacy and credibility are rooted in public trust and are maintained through fair, impartial and transparent decision-making.”

The Bench also debunked the claim of parliamentary supremacy, saying, “It is the Constitution that is higher than all of us.”

The Bench said, “Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the Constitution which imposes limits and restrictions on the powers vested in the three organs.”

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