The petitioner’s counsel mentioned the matter before a Bench headed by Justice B.R. Gavai for an urgent hearing.

The lawyer said that after the legislator made comments targeting the top court, social media platforms were flooded with derogatory and contemptuous posts against the judiciary.

He said, “Letters were sent to the Attorney General and Solicitor General for giving consent to initiate criminal contempt proceedings against the MP (Nishikant Dubey). No action is being taken by the government. Please give direction to social media platforms to remove videos, etc.”

After hearing the submission, the Justice Gavai-led Bench agreed to list the plea for hearing next week.

A day before, the Justice Gavai-led Bench told a lawyer that consent of the Attorney General (AG) of India, the highest law officer of the Centre, would be needed to initiate contempt proceedings against BJP MP Nishikant Dubey.

"Make a case before the AG. He will give permission. You file it (criminal contempt plea). For filing, you don't require our permission," it remarked.

Under Section 15 (1) (b) of the Contempt of Courts Act, 1971, the Supreme Court may initiate criminal contempt on a motion made by a private complainant only after obtaining the written consent of the Attorney General or the Solicitor General.

Amid ongoing hearings on the constitutionality of the Waqf (Amendment) Act, 2025, Dubey questioned the judiciary's role in legislative matters, suggesting that if courts assume the task of lawmaking, the existence of Parliament becomes redundant.

Dubey's comments targeting the Supreme Court have drawn significant attention, particularly, the word “anarchy’’ which he has used and "inciting religious wars".

The controversy has sparked political debate, with Opposition parties like the Congress accusing the BJP of attempting to undermine the judiciary.

During the hearings, the Central government assured the Supreme Court that it would not de-notify provisions related to 'Waqf-by-user' or include non-Muslim members in the Waqf Board.

This assurance followed the top court's indication that it might consider staying certain parts of the law.

Meanwhile, the BJP has disassociated itself from the remarks made by two of its Members of Parliament (MPs) -- Nishikant Dubey and Dinesh Sharma – clarifying that these statements were “personal opinions” and do not reflect the party’s stance.

In a post on X, BJP chief J.P. Nadda distanced the party from the comments by the MPs.

"The BJP has nothing to do with the statements made by BJP MPs Nishikant Dubey and Dinesh Sharma on the judiciary and the Chief Justice of the country. These are their personal statements, but the BJP neither agrees with such statements nor does it ever support such statements. The BJP completely rejects these statements," J.P. Nadda said.

The party reiterated its commitment to accepting judicial orders and suggestions and has instructed its members to refrain from making such statements in the future.