‘We are alleged of intruding on Parliamentary functions’: Justice BR Gavai as SC hears plea on Murshidabad violence

Last week, Vice President Jagdeep Dhankhar had said the SC cannot direct the President or act as a “super Parliament”. BJP MP Nishikant Dubey had said Parliament should be closed if the SC makes the law. Another BJP MP, Dinesh Sharma, had said “no one can direct Lok Sabha and Rajya Sabha… no one can challenge the President”. The BJP had distanced itself from its MPs’ remarks.

In the first matter on Monday, a bench of Justice Gavai, who is due to be the Chief Justice of India next month, and Justice A G Masih was hearing a plea related to violence in West Bengal.

Appearing for a petitioner whose plea filed in the wake of the 2021 post-poll violence in West Bengal is still pending, Advocate Vishnu Shankar Jain sought permission to bring on record some new facts regarding the situation in Murshidabad, which witnessed violence during the recent anti-Waqf law protests.

Jain said the 2021 petition was listed for hearing on Tuesday, and that he had filed a fresh application regarding the Murshidabad violence and urged that it be heard too.

“When the matter will come up, I will demonstrate how the violence happened,” he said, adding that the court could call for a report from the state. He said deployment of paramilitary forces and immediate action was required to deal with the situation.

The application sought a direction to the Centre to exercise powers under Article 355 and 356, “keeping in view the deteriorating condition posing a threat to sovereignty and integrity of India”. While Article 355 of the Constitution pertains to the duty of the Centre to protect states against external aggression and internal disturbance, Article 356 refers to provisions in case of failure of constitutional machinery in the state.

The petitioner also sought a committee — headed by a retired Supreme Court Judge and two retired High Court Judges — to probe the incidents of violence, rights violations, crimes against women from 2022 to April 2025, and the violence in Murshidabad.

The application sought directions to the Centre to deploy paramilitary forces in disturbed areas of the state, and directions to the state government to ensure and protect the life, liberty and dignity of citizens by taking all necessary measures, and to implement the provisions contained in Articles 14, 21 and 25 of the Constitution.

Responding to his submissions, Justice Gavai remarked: “You want us to issue mandamus directing Union…? As it is, we are alleged of intruding on Parliamentary and Executive functions.”

The court allowed the listing of the application for hearing along with the petition on Tuesday.\

In the second matter before the same bench, Advocate Jain appeared for a petitioner who asked the court to issue directions to the Centre to regulate allegedly obscene content on OTT platforms.

“How can we control it? It is for the Union to frame a regulation in that regard… As it is, we are criticised that we are interfering with the Executive’s function, the Legislative functions,” Justice Gavai responded.

Jain said the matter was “very serious”. The bench then posted the hearing for next week and asked him to serve a copy of the plea to the government.

In a related development, Justice Gavai also told a lawyer who sought permission to file contempt petitions against BJP MPs Nishikant Dubey and Dinesh Sharma to seek the Attorney General’s consent. “Make a case before the AG. He will give permission,” Justice Gavai said.