The Supreme Court on Monday refused to entertain the petition filed by Bombay Lawyers Association (BLA) seeking removal of Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their remarks against the judiciary and the Collegium system for judges’ appointment.
'SC is broad enough to deal with these remarks'
The division bench headed by Justice SK Kaul observed, “We believe that the view of the (Bombay) HC is correct." Judges said that the HC has already made observations that SC shoulders are broad enough to deal with any inappropriate statements made by any authority.
The apex court was hearing a plea by BLA, through advocate Ahmad Abdi, challenging the order of the Bombay High Court which dismissed its plea for removal of Dhankar and Rijiju.
BLA's plea had taken objection to Rijiju, Dhankhar's comments
BLA’s plea said, “It is further submitted that Respondent no. 1 and 2 (Dhankar and Rijiju respectively) have violated the oath that they took at the time of assuming their respective offices, and, therefore, they have forfeited their right to continue in that office, by disrespecting this Hon'ble Court and Constitution of India.”
“Respondent Nos. 1 and 2 have launched frontal attack on the institution of judiciary, particularly the Hon'ble Supreme Court in most derogatory language without any recourse which is available under the constitutional scheme to change the status quo as per the law laid down by the Hon'ble Supreme Court of India,” the plea added.
It added that the VP affirmed his oath bearing allegiance to the Constitution and hence his attack upon the judiciary is also an attack on the Constitution upon which he had sworn an oath to bear true faith and allegiance.
SC's credibility cannot be impinged by individual comments
On February 9, a division bench of Acting Chief Justice SV Gangapurwala and Justice Sanddep Marne had dismissed BLA’s plea observing, “The credibility of the Hon’ble Supreme Court of India is sky-high. It cannot be eroded or impinged by the statements of individuals. The Constitution of India is supreme and sacrosanct.”
The high court had further said, “The constitutional authorities cannot be removed in the manner as suggested by the petitioner. Fair criticism of the judgment is permissible. It is no doubt, fundamental duty of every citizen to abide by the Constitution. Majesty of law has to be respected.”
Rijiju had said the collegium system of appointing judges was "opaque and not transparent". Dhankhar had questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine. Dhankhar had said the verdict set a bad precedent and if any authority questions Parliament's power to amend the Constitution, it would be difficult to say "we are a democratic nation".
