Thread by @barandbench

#BombayHighCourt to shortly hear a PIL seeking action against Vice President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju for their public statements against the Collegium, judiciary and the Supreme Court.

@KirenRijiju @VPIndia

Adv Ahmed Abdi appears for the petitioner: We have come to court with great anguisehment, everything is happening in public domain.

#BombayHighCourt

Abdi: There is article 51A which imposes fundamental duties on all citizens, whosoever it may be.
Then there is criminal contempt which is against maligning image of court and every citizen is obliged to follow it.

Abdi: There is violation of oath taken by the officers, there are judgments which say that by making defamatory statements it amounted to violation of oath.

Abdi: There is another judgment of Kerala High Court. Though WP was dismissed, it made observations on granting of writ of quo warranto in exceptional cases.

ASG appearing for all respondents: My friend is reading out judgments but not giving copy to us nor to the court.

#BombayHighCourt #Collegium #Judiciary

Abdi: I have shown legal position, now let me make factual submissions.

#BombayHighCourt #Collegium #Judiciary

Abdi lists out instances where the two officers made statements in public domain.

#BombayHighCourt #Collegium #Judiciary

Abdi: We are not against debate verbal, but whether it should be held in parliament or on streets. When it happens on streets, it is flooring the constitution and affecting the faith of citizen in constitution.

Abdi: constitutional authorities have to mind their conduct, is this the way? This is affecting public at large and it will lead to gradual anarchy. Constitutional posts speaking like this…

Abdi seeks for interim relief.

Court: We are hearing it now, no question of interim.

Court: under which provision can VP be disqualified?

Abdi: There are steps taken in Parliament.

Court: What provisions? What are the steps?

#BombayHighCourt #Collegium #Judiciary

Abdi: But 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.

#BombayHighCourt #Collegium #Judiciary

Court: Okay, that is all?

Abdi: Where we are going in 75 years.. this has never happened before.

Court: We are only on legal provisions now.

ASG: This is a grossly frivilous pil. This is gross waste of court’s time. This is only to gain publicity, because even@before it is heard, it was reported widely in media.

#BombayHighCourt #Collegium #Judiciary

ASG: the same interview which the petitioner was referring to points out Law minister saying that constitution and its principles have to be followed. Courts are independent. Where is the question of disrespect?

#BombayHighCourt #Collegium #Judiciary

ASG: Even VP’s statement is saying that Constitution is supreme. The statement that there is lack or faith in constitution or attack on constitution.. where is that? Both say that we respect constitution, asking others to follow. #BombayHighCourt #Collegium #Judiciary

ASG: see the prayer, and how can such prayer be granted by the court? Hence I am saying this PIL is frivilous and should not only be dismissee, but even cost should be imposed. #BombayHighCourt #Collegium #Judiciary

ASG: There are provisions in Constitution which speak about the removal of Vice President and Cabinet Minister.

#BombayHighCourt #Collegium #Judiciary

ASG: This is not public interest litigation, this is publicity stunt. You cannot just file 2 pages PiL, without any research or data to back your petition.

#BombayHighCourt #Collegium #Judiciary

ASG: There is a judgment of our high court which says that when advocate is filing petition, then they should be more careful while filing petition.

#BombayHighCourt #Collegium #Judiciary

Abdi: This statement which ASG has made the same be taken on record.

ASG: This is the motive of the petitioner. Why should I record? It is there in public domain.

Court: We are not inclined to entertain the PIL.
The PiL is dismissed.