Advocate Vishnu Shankar Jain said that his petition is scheduled for hearing on Tuesday, but he wants to file some additional documents. He also demanded President's rule in Bengal.
Justice Bhushan Ramakrishna Gavai said on Monday (April 21, 2025) that the Supreme Court is being accused of encroaching upon the jurisdiction of the executive and he is being asked to order the intervention of the President. He has made this remark on the petition demanding President's rule amid the ongoing violence in Murshidabad against the Waqf Amendment Act and the rhetoric about the Supreme Court. The court has been asked to immediately deploy paramilitary forces in the area.
In view of the incidents of violence during the assembly elections and other occasions, the demand for President's rule in Bengal has arisen in the Supreme Court. Advocate Vishnu Shankar Jain had filed a petition in 2022 after the Bengal elections, which is to be heard on Tuesday. Earlier, while filing the application on Monday, he said, 'The matter is scheduled for hearing tomorrow. I want to file some additional documents.'
He also said that the court should order the Center to deploy force to ensure peace in the area. Justice BR Gavai told him that you want him to give a mandate to the President to implement it. He said, 'You want us to order the President to intervene? We are already being accused of encroaching upon the jurisdiction of the executive.'
The petition related to the violence in Bengal has been pending for a long time and this petition is already listed. Vishnu Shankar Jain has filed a new application in the same petition and has demanded President's rule, mentioning the recent incidents in it. He informed the court about the new application. Now in tomorrow's hearing, he will also put the new application in the court.
Why did Justice Gavai say this?
Justice Gavai has mentioned the allegations that are being made on the Supreme Court regarding the decision in the Tamil Nadu vs Governor case. The bench of Justice JB Pardiwala and Justice R Mahadevan had said in its decision that the Governor cannot keep the bills passed by the Assembly hanging for a long time. The decision to approve, stop or send the bill to the President has to be taken within the deadline. If the bill is sent back and it comes back in its old form from the Assembly, then the Governor has no option but to approve it.
Vice President Jagdeep Dhankhar had strongly criticized this decision of the court. He said that there has never been such a democracy in India where judges work as law makers, executive or super parliament. He said that we cannot create a situation where courts give instructions to the President.
Bharatiya Janata Party MP Nishikant Dubey also said that if the Supreme Court takes all the decisions, then Parliament and Assembly should be closed. He also objected to the comments of the Supreme Court regarding the Waqf Amendment Act. He said that when the issue of Ram Mandir, Krishna Janmabhoomi or Gyanvapi was raised, the court asked to show the papers and when it came to the Mughal era mosques, the documents were not asked for, then you said that where will such years old papers come from.
