We Are Accused Of Encroaching Upon Parl, Executive Functions: SC

New Delhi: "As it is, we are alleged of encroaching upon the parliamentary and executive functions," Supreme Court's Justice B R Gavai said on Monday in an apparent reference to recent attacks on the judiciary while hearing a matter over West Bengal violence.

Justice Gavai, who was heading a bench also comprising Justice Augustine George Masih, made a similar observation in another matter. While one matter was over the recent violence in West Bengal during anti-Waqf law protests, the other plea sought a direction to the Centre to take appropriate steps to prohibit streaming of sexually explicit and pornographic content on OTT and social media platforms.

While hearing the plea over online content, Justice Gavai said, "Who can control it? It is for the Union to frame a regulation in that regard." "As it is, we are now criticised that we are interfering with the executive's function, the legislative functions," Justice Gavai told advocate Vishnu Shankar Jain who was appearing in the matter. After Jain said it was a "very serious matter", the bench posted the hearing next week. Earlier in the day, Jain mentioned an application filed in a separate pending PIL of 2021 which sought President's Rule in West Bengal in the wake of violence following assembly polls, and urged the bench to take it up for hearing on Tuesday along with the main petition.

Jain said the 2021 plea was listed for hearing on Tuesday and the fresh application bringing out more incidents of violence in West Bengal also be heard. "In tomorrow's list, item 42 pertains to imposition of President Rule in the state of West Bengal. That petition is filed by me. In that petition, I have filed an IA (application) for directions and impleadment bringing out certain more incidents of violence which have happened in the state of West Bengal," he said.

Jain said deployment of paramilitary force and immediate action was required. He referred to Article 355 of the Constitution, which pertains to duty of the Union to protect states against external aggression and internal disturbance, and said the apex court can call for a report as to what was happening in the state.

Jain said the top court had previously issued notice on the 2021 petition. "When the matter will come up, I will demonstrate how the violence happened," he said. Justice Gavai then said, "As it is, we are alleged of encroaching upon the parliamentary and executive functions".

The fresh plea urged the court to appoint a three-member committee headed by a retired top court judge to inquire into the incidents of violence, human rights violation and crime against women from 2022 till April 2025, particularly the recent violence in West Bengal's Murshidabad.

The application also sought a direction to the Centre to consider to issue necessary directions to West Bengal under Article 355. Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey recently made disparaging remarks against the judiciary.

Dhankhar questioned the judiciary setting a timeline for the president to make decisions and acting as a "super Parliament", saying the Supreme Court cannot fire a "nuclear missile" at democratic forces.