BJP says it ‘completely rejects’ party MP Nishikant Dubey’s statements about Supreme Court

The Bharatiya Janata Party on Saturday said that it “completely rejects” statements by party MPs Nishikant Dubey and Dinesh Sharma about the judiciary and the chief justice of India.

BJP chief JP Nadda said he instructed both of them, as well as other party members, not to make such statements.

“The Bharatiya Janata Party has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the chief justice of the country,” Nadda said. “These are their personal statements, but the BJP neither agrees with such statements nor does it ever support such statements.”

Nadda said that the BJP respects the judiciary and believes that all courts in the country, including the Supreme Court, are an integral part of democracy.

Earlier in the day, Dubey had said in an interview with ANI that the Supreme Court was responsible for “inciting religious wars” in the country.

“The Supreme Court is going beyond its limits…” Dubey had said. “If one has to go to the Supreme Court for everything, then Parliament and state Assembly should be shut…”

Dubey cited the court’s decisions to decriminalise homosexuality in 2018 and the striking down of section 66(a) of the Information Technology Act in 2021.

The MP from Jharkhand’s Godda claimed that the court had decriminalised homosexuality despite “all [religious] communities considering it wrong”. He also claimed that section 66(a) of the IT Act was necessary to stop the misuse of online platforms to share objectionable content.

Dubey also questioned how the Supreme Court could issue directives to its appointing authority. “The president appoints the chief justice of India,” he said.

The comment was in reference to the Supreme Court’s April 8 judgement imposing a three-month deadline for the president to approve or reject bills referred by state governors.

“Parliament makes the law of this country,” Dubey said. “You will dictate that Parliament?…How did you make a new law? In which law is it written that the president has to take a decision within three months?”

In a similar vein, another BJP MP, Dinesh Sharma, said that no one can challenge the president, as the president is supreme, ANI reported.

“According to the Constitution of India, no one can direct the Lok Sabha and Rajya Sabha and the President has already given her assent to it,” the Rajya Sabha MP said. “No one can challenge the president, as the president is supreme.”

‘Damage control’, says Congress

On Sunday, the Congress said that Nadda distancing himself from the “atrocious remarks made by two BJP MPs on the Chief Justice of India” carried “little meaning” and was “damage control”.

In a post on X, Congress leader Jairam Ramesh said that Dubey and Sharma were “repeat offenders when it comes to hate speech”.

“The outgoing BJP president’s clarification is nothing but damage control,” the Rajya Sabha MP said. “It will fool nobody. This is Entire Political Science reflecting itself as Entire Political Hypocrisy.”

Ramesh added: “But the outgoing BJP President is totally silent on equally unacceptable remarks on the judiciary that are continually made by one of its very distinguished appointees to a high Constitutional position. What does he have to say about these remarks?”

He also asked if the Hindutva party had issued show-cause notices to the two MPs.

“Does the BJP subscribe to them?” the Congress leader asked. “If the continued silence of the Prime Minister on these repeated attacks on the Indian Constitution is not tacitly supportive of them, why has no action been taken against these two MPs?”

‘Dangerously provocative’

A letter was also sent to the Attorney General of India seeking sanction to initiate criminal contempt proceedings against Dubey in response to his remarks on the judiciary, Live Law reported on Sunday.

The letter, sent by Advocate On Record Anas Tanveer, noted that Dubey had said that the “Supreme Court is taking the country towards anarchy” and that “Chief Justice of India Sanijv Khanna is responsible for the civil wars taking place in the country”, according to Live Law.

The petition was filed under Section 15(1)(b) of the Contempt of Courts Act, which permits any person to initiate criminal contempt proceedings against another with the consent in writing to the advocate general.

Tanveer claimed that Dubey “recklessly attributes national unrest to the Hon’ble Chief Justice of India, thus scandalising the highest judicial office in the country and attempting to provoke public dissent, outrage and possible unrest”.

Dubey’s comments were “deeply derogatory” and “dangerously provocative”, the letter added.

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