Bombay HC Dismisses PIL Seeking Disqualification of Vice President and Law Minister for their remarks against Judiciary and Collegium

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Synopsis

The high court said that it was not inclined to entertain the PIL and dismissed it. 

A Division Bench of the Bombay High Court comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne on Thursday dismissed a PIL against Vice President Jagdeep Dhankar and Union Law Minister Kiren Rijiju for their remarks against the judiciary and Collegium. 

During the hearing Advocate, Ahmed Abdi for the petitioner argued that it is the duty of everyone to respect the Constitution. He submitted that if every constitutional post starts acting like them and makes public comments then there will be anarchy. He argued that instead of making public comments the Law Minister and the Vice President should pass a Bill in the Parliament. 

Additional Solicitor General Anil Singh for the Law Minister and Vice President argued that it was a frivolous PIL."This is a frivolous plea and gross waste of time of the court. This is nothing but a publicity stunt. Before the matter comes it is circulated in the media. The only purpose is publicity," he stated. 

ASG pointed out various instances wherein the Law Minister had said that the constitution should be respected and that courts are independent. The ASG prayed for the dismissal of PIL and requested the court impose costs on the petitioner.

The division bench questioned the petitioner with regard to the provisions under which the Vice President could be removed. The court was not inclined to entertain the PIL. The court said, "We are not inclined to entertain the PIL. Dismissed".

The court said that it will pass a detailed order with reasons.

The PIL filed by the Bombay Lawyers Association stated that: "The Petitioner states that the above conduct of the Respondent No. 1 & 2 is nothing limited to attack on judiciary but frontal attack on the Constitution of India. Despite all these derogatory statements towards the judiciary and the Constitution of India, no action against the Respondent No. 1 & 2 has been taken by any constitutional authority."

The PIL sought a declaration from the court that the Law Minister and Vice President have disqualified themselves from holding the constitutional post by expressing a lack of faith in the Constitution of India. 

The plea also prayed before the court to restrain the Vice President and the Law Minister from discharging their duties.

Case Title: Bombay Lawyers Association vs Jagdeep Dhankar & Ors

Statue: Constitution of India