Nishikant Dubey remarks: SC agrees to hear plea to remove videos from social media

The Supreme Court on Tuesday agreed to hear next week a plea that flagged BJP MP Nishikant Dubey's recent criticism of the apex court and Chief Justice of India Sanjiv Khanna, and sought the removal of allegedly derogatory videos from social media platforms.

The matter was mentioned for urgent listing before a bench of Justices B.R. Gavai and Augustine George Masih.

The counsel quoted Dubey as saying that the CJI was responsible for “civil wars” in the country and after the video of his remarks went viral, derogatory phrases were being used on social media for the top court. “This is a very serious issue,” counsel said.

“What (do) you want to file? You want to file a contempt petition?” Justice Gavai asked.

Contending that he had already filed a petition in the matter in the apex court, the counsel said the government was not taking action against the MP. He said one of his colleagues wrote to attorney-general R. Venkataramani seeking his consent to initiate contempt proceedings against Dubey, but there was no outcome. “The issue is, at least give directions today to the social media platforms to remove these videos,” he said.

The bench said the matter would be listed for hearing next week. On Monday, the top Court told another petitioner that he did not need its permission to file a contempt petition against Dubey over his remarks.

The MP from Jharkhand's Godda launched a broadside against the Supreme Court on 19 April, saying Parliament and state assemblies should shut down if the apex Court was to make laws.

The BJP MP's remarks followed the Centre's assurance to the Court that it would not be implementing some of the contentious provisions of the Waqf (Amendment) Act until the next hearing, after the Court had raised questions over them.

Later, advocate Anas Tanveer, representing one of the litigants in the Waqf Act case, wrote to Venkatramani seeking consent to initiate contempt proceedings against Dubey over his “grossly scandalous” remarks “aimed at lowering the dignity” of the top Court.

In a related development, the BJP on 19 April distanced itself from Dubey's criticism of the Supreme Court, with party president J.P. Nadda calling the comments his personal views. He also affirmed the ruling party's respect for the judiciary as an inseparable part of democracy, and said he had directed party leaders not to make such comments.