On May 9, 2025, the Supreme Court of India delivered a stern rebuke to BJP MP Nishikant Dubey for his “highly irresponsible, absurd, and scandalous” remarks targeting the judiciary and Chief Justice of India (CJI) Sanjiv Khanna. Despite the severity of the comments, the Court opted not to initiate contempt proceedings against Dubey, emphasizing the judiciary’s resilience and commitment to free expression.

Dubey had accused the Supreme Court of steering the country toward anarchy and held CJI Khanna responsible for “all civil wars happening in the country.” These statements were made in the context of the Court’s decision to entertain petitions challenging the Waqf Amendment Act .

A bench comprising CJI Khanna and Justice Sanjay Kumar acknowledged that Dubey’s remarks tended to “scandalize and lower the authority” of the Supreme Court and reflected an intent to impute motives to the bench. However, the Court asserted that it was not so fragile as to be shaken by such statements, stating, “Courts are not as fragile as flowers to wither and wilt under such ludicrous statements” .

While dismissing a Public Interest Litigation (PIL) seeking contempt action against Dubey, the Court underscored the importance of judicial restraint and the value of free expression. It emphasized that not every contemptuous remark warrants prosecution, highlighting the need for tolerance in a democratic society.

However, the Court drew a clear line regarding hate speech, stating that any attempt to spread communal hatred or indulge in hate speech must be dealt with an “iron hand.” It emphasized that such speech leads to the loss of dignity and self-worth of targeted groups and undermines the fabric of a multicultural society committed to equality .

The Supreme Court’s decision reflects a balance between upholding the dignity of the judiciary and preserving the fundamental right to free speech, while firmly condemning statements that cross into the realm of hate speech.

Sources