The debate around the Waqf Act has taken a sharp political turn with BJP MP Nishikant Dubey’s recent comments targeting both the judiciary and the Congress party.
Now, at the center of his fresh salvo is former Supreme Court judge Baharul Islam, whose unique journey from a politician to a judge and back again had often raised questions about the neutrality of the judiciary under Congress rule.
BJP MP Nishikant Dubey, known for his combative stance, posted on X (formerly Twitter) accused the Congress of misusing institutions for political gain. In his tweet, he highlighted how Baharul Islam began his political career in 1951 by joining the Congress, which later sent him to the Rajya Sabha in 1962 and again in 1968.
According to Dubey, despite being an active MP, Islam was appointed as a judge of the Guwahati High Court in 1972 without formally resigning from Parliament a move that, if true, blurs the line between politics and judicial independence.
In 1979, Baharul Islam was elevated to acting Chief Justice of the Guwahati High Court and retired in January 1980. However, in an unprecedented turn of events, he was appointed to the Supreme Court in December 1980, allegedly bypassing standard protocol. Shortly after delivering the controversial judgment favouring Indira Gandhi, Baharul Islam resigned from the Supreme Court in 1983 and was again nominated to the Rajya Sabha by the Congress party.
कांग्रेस के संविधान बचाओ की एक मजेदार कहानी,असम में बहरुल इस्लाम साहिब ने कांग्रेस की सदस्यता 1951 में ली,तुष्टिकरण के नाम पर कांग्रेस ने उन्हें 1962 में राज्यसभा का सदस्य बना दिया,छह साल बाद दुबारा 1968 में राज्य सभा का सदस्य सेवाभाव के लिए बनाया,इनसे बड़ा चमचा कॉग्रेस को नज़र…
— Dr Nishikant Dubey (@nishikant_dubey) April 22, 2025
Also it must be noted that the Supreme Court on Tuesday agreed to list for hearing next week a petition seeking contempt proceedings against the BJP legislator for his remarks against the judiciary and Chief Justice of India Sanjiv Khanna. The petition, mentioned before a bench of Justices BR Gavai and Augustine George Masih, awaits the mandatory consent of Attorney General R Venkataramani to initiate contempt proceedings under the Contempt of Courts Act.
Dubey recently stirred a raging debate by stating that CJI Khanna was responsible for “all civil wars in the country,” a remark made during an interview with ANI. His statement followed the Supreme Court’s scrutiny of the Waqf Amendment Act, a move that led the Centre to pause the law’s implementation.
The BJP MP’s comments have drawn sharp criticism from legal circles, with a group of lawyers formally seeking the Attorney General’s approval to file a contempt petition. They argue that Nishikant Dubey’s statements undermine the authority of the judiciary and erode public trust in the legal system. A large section of social media has, however, backed him, pointing out that the judges are not above criticism and not above law. The repute of the apex court has taken a beating especially in the wake of timid response to the discovery of burnt piles of cash at the premise of Justice Yashwant Varma, who was only transferred to the Allahabad High Court with no FIR registered against him, till date.
Nonetheless, Dubey and others issuing stinging criticism of the apex court despite the much touted threat of contempt highlights a growing strain between the judiciary and executive, echoing similar concerns raised earlier by Vice President Jagdeep Dhankhar regarding judicial overreach in constitutional matters.
