New Delhi: Legal experts 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 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.”
PTI
