‘As it is, we are facing allegations...’: Next CJI amid attacks on judiciary by BJP leaders, VP Dhankhar

The Supreme Court on Monday stayed away from issuing an order to President Droupadi Murmu to deploy para military force in West Bengal amid concerns over the violence in Murshidabad, saying that the top court is already facing allegations of “encroaching” into the executive domain.

Justice BR Gavai turned down a petitioner's plea to deploy the para military forces in an apparent reference to recent attacks on the judiciary.

“You want us to issue writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain). Please,” Justice Gavai was quoted as saying by Bar and Bench.

The senior judge was seemingly alluding to a recent criticism faced by the Supreme Court for its judgment in a different case where it had given directions to Governors and the President to clear bills passed by State legislatures within a stipulated time.

Supreme Court rejects plea

Justice Gavai's comment came while a bench at the apex court, also comprising Justice Augustine George Masih, was considering a fresh plea seeking an inquiry into the recent violence in West Bengal during anti-Waqf law protests, as per a report by PTI.

Advocate Vishnu Shankar Jain, who had filed a PIL in 2021 on behalf of two petitioners seeking President's Rule in West Bengal in the wake of violence following assembly polls, urged the bench to take up a fresh plea for hearing on Tuesday.

As per the Bar and Bench report, the advocate on behalf of the petitioner wanted an immediate deployment of para military forces in West Bengal.

“There is a need for immediate deployment of para military forces. This matter is listed tomorrow. I have a filed additional application seeking implemention of Article 355 of the constitution as well,” Jain said, as per the report.

At least three people were killed and hundreds rendered homeless in the communal violence in parts of Murshidabad district on April 11 and 12 during protests against the Waqf (Amendment) Act.

Supreme Court faces ire

Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey last week made disparaging remarks against the judiciary. Dhankhar questioned the judiciary setting a timeline for the president to make decisions and acting as a “super Parliament”, saying the Supreme Court cannot fire a “nuclear missile” at democratic forces.

Soon after, BJP MP Nishikant Dubey 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 "religious wars" in India.

The BJP has distanced itself from Dubey's recent remarks.