Bombay High Court dismisses PIL against Vice President, Law Minister for their remarks against judiciary, Collegium

The Bombay High Court on Thursday dismissed a public interest litigation (PIL) petition seeking action against Vice President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju for their alleged public statements against the Collegium, judiciary and the Supreme Court. [Bombay Lawyers Association vs Jagdeep Dhankhar and Ors.].A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne stated that it will pass a detailed order shortly..During the course of hearing, the High Court asked the petitioner's counsel 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..The PIL by Bombay Lawyers Association, highlighted the several incidents where Dhankhar and Rijiju allegedly “attacked the Constitution with complete impunity”. It termed the incidents as “frontal attack” launched on the judiciary in “most insulting and derogatory language” without using any recourse available under the Constitution. It took exception to the conduct of the two executive officials, claiming the same lowered the prestige of the Supreme Court in public.“The Vice President and the Law Minister are attacking the collegium system as well as the doctrine of basic structure openly in a public platform. This kind of unbecoming behaviour by respondents who are holding constitutional posts is lowering the majesty of the Supreme Court in the eyes of the public at large,” the petition emphasized. The petition filed through Advocate Eknath Dhokale claimed that the two officers have disqualified themselves for holding any constitutional posts by expressing their lack of faith in the Constitution.It, therefore, requested the Court to pass orders restraining Dhankhar from discharging his duties as Vice President, and Rijiju from discharging duties as cabinet minister for Central government. .Abdi submitted that while verbal debates are welcome, doing the same on public forums would affect confidence of public in the institutions."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 submitted.Constitutional functionaries have to be circumspect about their conduct, he underlined."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 said..Additional Solicitor General (ASG) Anil Singh, appearing for the Central government, submitted that the PIL was a frivolous one filed only for publicity. "This is a grossly frivolous pil. This is gross waste of court’s time. This is only to gain publicity, because even before it was heard, it was reported widely in media," the ASG said.He further said that the prayers raised in the petition cannot be allowed."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 dismissed, but even cost should be imposed," the ASG said.The removal of Vice President and minister can be only as per Constitutional provisions, he emphasised."There are provisions in Constitution which speak about the removal of Vice President and Cabinet Minister. 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," the ASG contended..[Read Order]