New Delhi: The Supreme Court has rapped BJP MP Nishikant Dubey for his critical remarks against the court and Chief Justice of India Sanjiv Khanna, but did not initiate contempt proceedings saying “courts are not as fragile as flowers to wither and wilt under such ludicrous statements”.
A bench comprising CJI Khanna and Justice Sanjay Kumar dismissed a writ petition seeking the initiation of suo moto criminal contempt proceedings against him for his statements last month, which were widely panned.
The petition pleaded the Centre, through the Ministry of Home Affairs, to register a First Information Report (FIR) under the Bharatiya Nyaya Sanhita, 2023.
It further sought a direction for the ministry to issue an advisory to all chief secretaries to take measures to curb hate speech and provocative statements by political parties and their leaders concerning the Waqf (Amendment) Act, 2025, and the ongoing proceedings related to it before the Supreme Court.
The four-time BJP MP, who was on the Joint Committee of Parliament (JCP) on the Waqf (Amendment) Bill, had criticised the judiciary and the CJI amid the ongoing hearings in the SC on a batch of petitions challenging the Waqf (Amendment) Act 2025.
In an interview with ANI, Dubey claimed that the Chief Justice “is responsible for all the civil wars in the country”. He further alleged “the Supreme Court is going beyond its limits” and questioned the judiciary’s role by stating, “if one has to go to the Supreme Court for everything, then Parliament and State Assemblies should shut down.”
In the order issued on May 5, the court affirmed the right to critique judgments but said Dubey’s statements were aimed at scandalising and lowering the authority of the court, with deliberate attempts to impute motives to the judiciary.
Though the comments were deemed irresponsible and potentially contemptuous, the court chose not to initiate contempt proceedings, citing judicial restraint and the high threshold for invoking contempt powers.
The court was of the opinion that the remarks were extremely irresponsible and appear to be driven by a desire for attention by casting unwarranted allegations against the Supreme Court and its judges.
Moreover, the court held that the comments reflect a lack of understanding regarding the role of constitutional courts and the responsibilities entrusted on them by the Constitution. That said, the court was of firm belief that the judiciary is not so delicate or vulnerable as to be undermined by such statements.
“….We are of the firm opinion that courts are not as fragile as flowers to wither and wilt under such ludicrous statements. We do not believe that the confidence in and credibility of the courts in the eyes of the public can be shaken by such absurd statements, though it can be said without the shadow of doubt that there is a desire and deliberate attempt to do so”, said the bench.
The court emphasised that hate speech must be dealt with strictly, recognising its corrosive impact on social harmony and dignity.
“Hate speech cannot be tolerated as it leads to loss of dignity and self-worth of the targeted group members, contributes to disharmony amongst groups, and erodes tolerance and open-mindedness, which is a must for a multi-cultural society committed to the idea of equality,” the court said.
The order made clear that ordinarily the particular bench of CJI Khanna and Justice Kumar would not have taken up the present matter.
However, since the judges were not inclined to issue notice in the case and because they had previously heard the related Waqf matter, they chose to address and dispose of the writ petition themselves.
(Edited by Ajeet Tiwari)
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