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Bombay HC Dismisses PIL Seeking Action Against Vice President, Law Minister Over Their Remarks On Judiciary, Collegium

Swarajya StaffFeb 09, 2023, 03:36 PM | Updated 03:36 PM IST
Union Minister for Law and Justice Kiren Rijiju.

Union Minister for Law and Justice Kiren Rijiju.


The Bombay High Court on Thursday dismissed a public interest litigation filed against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar for their remarks on judiciary and the collegium system for appointment of judges.

The plea filed by Bombay Lawyers Association had claimed Rijiju and Dhankhar showed lack of faith in the Constitution with their remarks and conduct. It had sought for orders to restrain Dhankhar from discharging duty as the vice president, and Rijiju from discharging duty as cabinet minister for the central government.

The PIL claimed the 'frontal attack not just on the judiciary but the Constitution' by the two executive officials has lowered the prestige of the Supreme Court in public.

A division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne briefly heard the petitioner's lawyer, Ahmed Abdi, and Additional Solicitor General (ASG) Anil Singh for the respondents.

"We are not inclined to entertain the PIL. The PiL is dismissed," the Court said, reports Bar and Bench.

While Abdi argued that Dhankhar and Rijiju had lowered the reputation of the judiciary with their remarks, ASG Singh said the plea was frivolous and a publicity stunt.

Singh said the respondents (Dhankhar and Rijiju) respect the Constitution of India which is the supreme and there was no question of them attacking the Constitution.

The Bench asked the petitioner's lawer Ahmed Abdi under which provision a Vice President can be disqualified by a court of law.

"There are steps (that can be) taken in Parliament," Abdi said.

"What provisions? What are the steps," the bench persisted.

"There has been violation of oath. Others may follow them. It is not that this is happening in darkness, it is happening in open sunlight," Abdi responded.

The bench was, however, not satisfied and rejected the plea.

(With inputs from PTI)

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