New Delhi [India], April 21 (ANI): Senior Advocate and former President of the Supreme Court Bar Association, Adish Aggarwala, on Monday strongly criticised BJP MP Nishikant Dubey’s remarks against the Supreme Court. He called the comments “very unfortunate” and said they could harm the dignity of the judiciary.
Speaking to ANI, Aggarwala said he had written to the Prime Minister about the legal consequences of such statements and warned that they could damage the relationship between the executive and the judiciary.
“This is very unfortunate and being the former president of the Supreme Court Bar Association, I was compelled to write a letter to the Prime Minister in which I pointed out the legal position, rights of the government to file review petition. If MPs of such stature who are the lawmakers they make such irresponsible statements, this will lower the dignity of the judiciary. This will spoil the cordial relationship between the executive and judiciary. Although our judiciary does not care about that statement, the Indian judiciary passes orders in accordance with the law. It can be a contempt of court but our courts are very liberal and they don’t take cognisance of such things,” Adish Aggarwala said.
Earlier, BJP MP Nishikant Dubey made strong comments against the Supreme Court. He accused the court of “inciting religious wars” and questioned its authority. He even suggested that there would be no need for Parliament if the Supreme Court continued to make laws.
“The top court has only one aim: ‘Show me the face, and I will show you the law’. 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,” Dubey told ANI.
He also criticised the court’s past decisions on matters like the decriminalisation of homosexuality and religious disputes.
“There was an Article 377 in which homosexuality was a big crime. The Trump administration has said that there are only two sexes in this world, either male or female… Whether it is Hindu, Muslim, Buddhist, Jain or Sikh, all believe that homosexuality is a crime. One fine morning, the Supreme Court said that we abolish this case… Article 141 says that the laws we make, the judgments we give, are applicable from the lower court to the Supreme Court. Article 368 states that Parliament has the authority to enact all laws, and the Supreme Court has the power to interpret the law. The top court is asking the President and Governor to tell what they have to do regarding the Bills. When the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you (SC) say, ‘Show us the paper’. Mughals ke aane ke baad jo Masjid banne hai unke liye keh raho ho paper kaha se dikhao,” he added.
Dubey further said that the Supreme Court was trying to take the country towards “anarchy”.
“How can you give direction to the appointing authority? The President appoints the Chief Justice of India. The Parliament makes the law of this country. You will dictate that Parliament?… How did you make a new law? In which law is it written that the President has to decide within three months? This means that you want to take this country towards anarchy. When the Parliament sits, there will be a detailed discussion on this,” he said. (ANI)
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