Supreme Court slams 'irresponsible' Nishikant Dubey, but spares him from contempt

NEW DELHI: Supreme Court on Thursday tore into BJP MP Nishikant Dubey for his "irresponsible, absurd and scandalous" statements that imputed motive to the CJI-led bench for entertaining petitions challenging the Wakf Amendment Act , but displayed broad shoulders by ruling every contemptuous act need not result in punishment.

Deciding not to initiate contempt proceedings against Dubey for his reckless allegations attempting to denude the dignity of the SC, a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar said, "At the same time, we are of the firm opinion that courts are not as fragile as flowers to wither and wilt under such ludicrous statements. We do not believe that the confidence in and credibility of the courts in the eyes of the public can be shaken by such absurd statements, though it can be said without the shadow of doubt that there is a desire and deliberate attempt to do so."

"Courts believe in values like free press, fair trial, judicial fearlessness and community confidence. Thus, courts need not protect their verdicts and decisions by taking recourse to the power of contempt. Surely, courts and judges have shoulders broad enough and an implicit trust that the people would perceive and recognize when criticism or critique is biased, scandalous and ill-intentioned," it said.

Justifying that it was duty bound under the Constitution to hear petitioners, who have a fundamental right to challenge the validity of the Wakf Amendment Act, the bench said though it is not entertaining plea for initiation of contempt proceedings, "any attempt to spread communal hatred or indulge in hate speech must be dealt with an iron hand".

"Hate speech cannot be tolerated as it leads to loss of dignity and self-worth of the targeted group members, contributes to disharmony amongst groups, and erodes tolerance and open-mindedness, which is a must for a multi-cultural society committed to the idea of equality. Any attempt to cause alienation or humiliation of the targeted group is a criminal offence and must be dealt with accordingly," it said dismissing the PIL by advocate Vishal Tiwari.