The Supreme Court on Monday told an advocate that he does not need its permission to file a contempt petition against BJP MP Nishikant Dubey for his recent controversial remarks against the Supreme Court and Chief Justice of India Sanjiv Khanna.
A bench of Justices BR Gavai and Augustine George Masih said the petitioner needs to get a sanction from the Attorney General in the matter.
The petitioner's counsel, referring to a recent news report about Dubey's comments, said he wanted to file a contempt petition with the court's permission.
"You file it. For filing, you don't require our permission," Justice Gavai said.
Some lawyers have also written letters to Attorney General R Venkataramani, demanding the initiation of contempt proceedings against Dubey for his remarks.
Dubey has reportedly said that "Supreme Court is taking the country towards anarchy" and that "Chief Justice of India Sanijv Khanna is responsible for the civil wars taking place in the country".
Letters were written by advocates Anas Tanwir, Shiv Kumar Tripathi and others seeking contempt of court proceedings against Dubey saying his "grossly scandalous remarks aimed at lowering the dignity" of the apex court.
Advocate Subhash Theekkadan sought to initiate criminal contempt proceedings against the Vice President Jagdeep Dhankhar, in light of public statements made by him, which he said amount to a "direct attack on the authority and dignity" of the Supreme Court.
As per the Contempt of Courts Act, 1971, a private individual can file a contempt of court petition in the Supreme Court only after obtaining the consent of the Attorney General or the Solicitor General.
The BJP MP had claimed the Supreme Court was taking the country towards anarchy.
On April 19, he said Parliament and Assemblies should be shut if the top court is dictating laws and that Chief Justice Sanjiv Khanna is "responsible for civil wars" in the country.
Last week, Vice President Jagdeep Dhankhar questioned the judiciary for setting a timeline for the President to decide whether or not to assent to state Bills referred to the President by a Governor.
Dhankar further accused the Supreme Court of acting as a "super Parliament" and said it cannot fire a "nuclear missile" at democratic forces.
