Fourth-term BJP MP Nishikant Dubey on Saturday squarely accused the Supreme Court of “inciting religious wars in the country”, stressing that the top court was “going beyond its limits”.
The broadside against the judiciary came amid the ongoing hearing in the Supreme Court of several petitions challenging the constitutionality of the contentious Waqf Amendment Act approved by Parliament early this month.
“The Supreme Court is responsible for inciting religious wars in the country. The Supreme Court is going beyond its limits,” Dubey, the MP from Jharkhand’s Godda, told news agency ANI.
“If one has to go to the Supreme Court for everything, then Parliament and state Assembly should be shut,” he added.
The MP’s attack came against the backdrop of the Supreme Court red-flagging some of the contentious provisions of the waqf act and expressing an inclination to stay them. The Centre has assured the court not to implement the contentious provisions till the next hearing in May.
Dubey’s direct attack on the apex court came days after Vice-President Jagdeep Dhankhar made similar comments targeting the judiciary over a recent judgment, setting a three-month deadline for the President and governors to give their assent to bills passed by the legislature for the second time.
“…President being called upon to decide in a time-bound manner, and if not, becomes law. So we have judges who will legislate, who will perform executive functions, who will act as super-Parliament, and absolutely have no accountability because law of the land does not apply to them,” Dhankhar had said Thursday.
Neither the government nor the BJP has officially commented on the Supreme Court judgment that put the President on a three-month deadline to decide on bills or the ongoing hearing against the waqf act. However, Dhankhar’s outburst and Dubey’s remark indicate they could be indirectly voicing the dispensation’s position.
Dubey also spoke about the apex court giving directions to the President who, the BJP noted, is the appointing authority of Supreme Court judges.
“How can you give direction to the appointing authority? The President appoints the Chief Justice of India. Parliament makes the law of this country. You will dictate that Parliament? How did you make a new law?” Dubey told ANI.
“In which law is it written that the President has to make a decision within three months? This means that you want to take this country towards anarchy. When Parliament sits, there will be a detailed discussion on this,” he added.
Inside Parliament, MPs enjoy immunity to speak against the judiciary, but their comments outside can be held liable for defamation.
Responding to Dubey’s remarks, Congress general secretary Jairam Ramesh said: “They are trying to weaken the Supreme Court. Constitutional functionaries, ministers and BJP MPs are speaking against the Supreme Court.”
“This is a defamatory statement against the Supreme Court. Nishikant Dubey is a person who continuously demolishes all other institutions. Now, he has attacked the Supreme Court. I hope that the Supreme Court judges will take this into notice as he is not speaking in Parliament but outside it,” Congress MP Manickam Tagore said.
