New Delhi, April 21 (UNI) The Supreme Court on Monday advised a lawyer seeking contempt proceedings against BJP MP Nishikant Dubey to first obtain consent from the Attorney General of India.

A bench comprising Justice BR Gavai and Justice AG Masih said the lawyer must first establish a prima facie case before the Attorney General.

“Make a case before AG. He will give permission,” Justice Gavai observed during the hearing.

The plea stems from controversial remarks made by Dubey in a recent television interview, where he held Chief Justice of India Sanjiv Khanna responsible for “all civil wars in the country.” The statement has sparked outrage within legal circles, prompting some lawyers to approach the AG seeking consent to file contempt petitions under the Contempt of Courts Act, 1971.

As per the Act, a private individual can initiate contempt proceedings in the Supreme Court only after obtaining a written consent from either the Attorney General or the Solicitor General.

Dubey’s remarks have come amid growing tensions between the ruling party and the judiciary. Several BJP leaders have criticized the judiciary for allegedly overstepping its role and encroaching upon Executive functions.

Dubey’s outburst came shortly after the Supreme Court's intervention in the petitions challenging the Waqf Amendment Act, following which the government agreed to pause the implementation of certain contested provisions.

This follows recent remarks by Vice President and Rajya Sabha Chairman Jagdeep Dhankhar, who had criticized the judiciary over the issue of accountability and judicial activism. He stated that the “law of the land does not apply to judges” and questioned the judiciary's role in interpreting legislative powers related to the offices of the Governor and President.

The matter continues to stir debate over the limits of free speech, judicial independence, and the proper balance between the judiciary and the other branches of government.

UNI SNG PRS