Seasoned BJP parliamentarian Nishikant Dubey, on Saturday landed in a controversy after he attacked the Supreme Court of India, alleging that the Chief Justice of India, " Sanjiv Khanna is responsible for all the civil wars happening in the country."
Dubey, one of the vocal parliamentarians of the saffron party, also stated that the Parliament should be closed down if the apex court begins to make laws.
In a cryptic post on X in Hindi, Dubey wrote, "If the Supreme Court is making laws, then the Parliament should be shut down."
Speaking to ANI later today, Dubey said that the Supreme Court is responsible for inciting religious conflicts in the country.
"... the Supreme Court is responsible for inciting religious wars in the country. The Supreme Court is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut..," he said.
"Chief Justice of India, Sanjiv Khanna is responsible for all the civil wars happening in this country," he said replying to a question on Murshidabad violence.
After the comments drew sharp criticism, BJP national president J P Nadda stated that the party has nothing to fo with Dubey's remarks.
"The BJP has nothing to do with the comments of MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the chief justice. This is their personal comments, but the BJP neither agrees with them nor does it ever support such remarks. The BJP absolutely rejects them," Nadda said in a post on X.
Dubey's comments on Supreme Court came following the Centre's assurance to the apex court that it would put a hold on key provisions of the contentious Waqf (Amendment) Act till the next day of hearing after the court raised serious questions over them.
The court, while hearing several pleas challenging the constitutionality of the Act which has been dubbed by Musloim organisations and opposition parties as a 'direct attack on the religious rights of the minority community', came down heavily on the Centre.
"Ordinarily, courts do not interfere at the admission stage when a law is passed. But this case may warrant an exception. If a property declared as waqf by user is denotified, it can have grave ramifications," the court observed.
Questioning the court's observation regarding the removal of 'waqf by user 'provision, Dubey said that the court had sought documentary proof in cases involving temples, including Ram Mandir in Ayodhya, but has chosen to ignore the similar need in the ongoing case.
Citing Article 368 of the Constitution, he said that law-making is the job of Parliament, and the Supreme Court is meant to interpret the laws.
The court can order the government but not Parliament, he asserted.
Dubey cited the court's earlier decisions to decriminalise consensual homosexuality, which was covered under Section 377 of the erstwhile Indian Penal Code, and to strike down Section 66(A) of the IT Act to target its alleged overreach.
He claimed that the court decriminalised homosexuality despite all religions considering it wrong and that Section 66(A) was required to curb the increasing misuse of online platforms to send objectionable contents.
Dubey, an MP from Godda in Jharkhand, is often in the vanguard of the BJP's political attacks on its rivals in the Lok Sabha and in articulating the ruling party's stand on various issues.
The apex court's recent decision to set a timeline for the President of India to take a decision on the bills sent to her has triggered a fresh round of debate, with Vice President Jagdeep Dhankhar voicing strong disapproval of the judgement.
Dhankhar has also been maintaining that the apex court was wrong in striking down the National Judicial Appointments Commission Act in 2015.
On the other hand, opposition parties have lauded the court's direction to the President as well as the proceedings in the apex court in the Waqf (Amendment) Act matter.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi hit out at BJP MP Nishikant Dubey over his remarks on the Supreme Court.
"You people (BJP) are tubelights... threatening the court in such a way... do you even know what Article 142 of the Constitution is? It was framed by B.R. Ambedkar. The BJP is committing fraud and threatening a religious war. You are in power, and you’ve become so radicalised that you're threatening the court with a religious war," ANI quoted Owaisi as saying.
"Modi ji, if you don’t stop these people, the country will become weak. The country won’t forgive you, and tomorrow you may not be in power," he added.
Reacting to Dubey's statement, Congress MP Manickam Tagore said, "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. His attack on the Supreme Court is not acceptable."
Congress leader B.V. Srinivas also lashed out at Dubey, saying, "A rowdy MP like Nishikant Dubey does not have the guts to open his mouth against the Supreme Court and the CJI without orders from his masters. For how long will you chant Ram and stab, Nadda?"
(With inputs from PTI and ANI)
