We should maintain decorum of institution: SC over BJP MP's remarks

The Supreme Court on Monday called for maintaining "certain decorum and reputation of the institution" after it was informed that a parliamentarian made remarks against the Chief Justice of India.

Justices Surya Kant and N Kotiswar Singh made the observation after petitioner advocate Vishal Tiwari sought the permission to withdraw his PIL over hate speeches during violence in West Bengal's Murshidabad district following the amendment to the waqf law.

Tiwari was referring to the statements of Jharkhand BJP MP Nishikant Dubey, who said Parliament and assemblies should be shut if the apex court had to make laws.

He also blamed Chief Justice of India Sanjiv Khanna for "civil wars" in India.

"We should maintain certain decorum and reputation of the institution even in allegations. In Article 32 petition, the averments made should also be respectful," the bench told Tiwari.

The bench allowed Tiwari to amend his plea, asking him to bring in court "something concrete".

The BJP on April 19 distanced itself from Dubey's criticism of the Supreme Court, with party president J P Nadda calling the comments his personal views.

He also affirmed the ruling party's respect for the judiciary as an inseparable part of democracy. Nadda said he had directed party leaders not to make such comments.

Tiwari in his plea said in West Bengal Murshidabad district and North 24 Parganas violence erupted in the protest against the Waqf Amendment Act and the violence has led to several deaths and destruction of property.

"For some it may be a good opportunity for politics and some of the political parties use the religious sentiments for gaining political mileage. Instead of maintaining peace the politicians give provoking speeches which makes the situation worse," it said.

The plea referred to the October 21, 2022 order of the apex court in which its authorities were directed to initiate action against those who make hate speeches.

"No action is taken against the chief ministers, ministers and political leaders sitting on the constitutional post for making hate speeches," he has said.

Tiwari sought direction for constitution of a five-member judicial enquiry commission headed by retired apex court judge to inquire into the violent protests against the Waqf Amendment Act in West Bengal's Murshidabad district.

It also sought directions to the West Bengal government to take action and curb the hate and provocative speeches made in respect to any community and individuals.

Fresh incidents of newly-enacted Waqf (Amendment) Act-related violence rocked Bhangar area in West Bengal's South 24 Parganas district on April 14, even as police claimed the law and order situation in the previous riot epicentre of Murshidabad remained largely under control.