Justice Gavai
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Justice Gavai (in file photo) made the observation while hearing a lawyer’s petition seeking directions to the Centre regarding the recent violence in West Bengal's Murshidabad district

SC accused of ‘intruding’: Justice BR Gavai ‘reacts’ to BJP MP’s claim

Justice Gavai’s comments come after BJP MP Nishikant Dubey’s allegation that Supreme Court is “responsible for inciting religious wars in the country”


In an apparent reaction to the recent controversial criticism of the Supreme Court by a BJP MP, Justice BR Gavai, the next Chief Justice of India, said on Monday (April 21) that the top court was already facing allegations “of intruding on Parliamentary and Executive functions".

Justice Gavai made the remarks during the hearing of a lawyer’s petition seeking directions to the Centre regarding the recent violence in West Bengal during protests against the Waqf (Amendment) Act.

Also Read: ‘SC responsible for inciting religious wars in country’: BJP MP Nishikant Dubey

'Already facing allegations'

"You want us to issue mandamus directing Union?... As it is, we are alleged of intruding on Parliamentary and Executive functions,” Justice Gavai said, as quoted by Live Law.

The judge’s remark came after Advocate Vishnu Shankar Jain mentioned his pending plea linked to West Bengal, which recently witnessed violence during protests against the Waqf (Amendment) Act, reported NDTV.

Plea on paramilitary forces' deployment

Jain in his petition stated that the paramilitary forces should continue to be deployed in certain areas of the state to ensure peace. He also said his pending plea, which he filed after post-poll violence in West Bengal in 2022, is listed for hearing on Tuesday (April 22).

Jain, in his fresh plea, urged the top court to direct the Centre to deploy paramilitary forces and set up a panel of three retired judges to investigate the violence. He also sought a report on the displacement of Hindus following the incidents of violence in North Bengal's Murshidabad, reported NDTV.

Also Read: 'Absolutely rejects’: BJP distances itself from MPs spewing venom on SC

Nishikant Dubey's outburst

Justice Gavai’s comments came after BJP MP Nishikant Dubey on Saturday alleged that the Supreme Court was “responsible for inciting religious wars in the country”.

The BJP MP also said the Parliament and Assemblies should be shut down if the Supreme Court starts making laws.

The BJP MP’s outburst came after the top court set a deadline for the President and Governors to clear Bills passed by Assemblies for the second time.

Pointing out that the President was the appointing authority of the Chief Justice of India, Dubey asked how direction can be issued to the appointing authority.

The BJP, however, has distanced itself from the remarks, with party president JP Nadda saying that the party “absolutely rejects” them.

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