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Supreme Court Responds to BJP Criticism While Addressing West Bengal Violence Petition

India's Supreme Court acknowledges accusations of judicial overreach as it agrees to hear a plea for federal intervention in West Bengal and clarifies the process for contempt filings against BJP MP Nishikant Dubey.

Security personnel keep vigilin Murshidabad on Sunday. (PTI)
Lawyers outside the Supreme Court of India during Waqf Amendment Act case Hearing in New Delhi, on Thursday, April 17.
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The Supreme Court responded to remarks made by BJP MP Nishikant Dubey and VP Dhankhar about the role of the judiciary

Overview

  • The Supreme Court agreed to hear a petition seeking Article 355 action for President's rule in West Bengal after communal violence in Murshidabad linked to protests against the Waqf (Amendment) Act.
  • Justice B R Gavai noted the Court is facing allegations of encroaching on legislative and executive functions, referencing recent public criticism by BJP leaders, including Vice President Jagdeep Dhankhar and MP Nishikant Dubey.
  • The Court clarified that no bench permission is required to file contempt petitions against Dubey for his remarks criticizing the judiciary, but Attorney General sanction is mandatory.
  • The BJP distanced itself from Dubey's comments, with party president J P Nadda reaffirming the party's respect for judicial independence and calling the remarks Dubey's personal views.
  • Dr. Adish C. Aggarwala, former Supreme Court Bar Association president, urged Prime Minister Modi to address Dubey's statements, defending the Court's constitutional authority and rulings on legislative timelines.