We are being accused of interfering with legislative and executive functions: Justice BR Gavai

The Supreme Court on Monday observed that it was being accused of interfering with legislative and executive functions..Justice BR Gavai, who was sharing a bench with Justice AG Masih, made these remarks while hearing a PIL filed against Netflix, Amazon and others pertaining to the distribution of obscene material through these platforms..When advocate Vishnu Shankar Jain sought permission to mention the matter before the bench, Justice Gavai responded with a touch of sarcasm, stating, “No, no… then we are accused of interfering with legislative and executive functions.”When Jain persisted, Justice Gavai remarked, “List it after two weeks—and dismiss it then,” prompting laughter in the courtroom..Eventually, the Court agreed to hear the matter at the next scheduled hearing and directed Jain to serve a copy of the petition to the Union. The case is now listed for hearing next week..Earlier this morning, Justice Gavai made a similar remark while hearing mentioning on a plea seeking deployment of paramilitary forces in West Bengal in light of the violence that broke out in Murshidabad over the Waqf (Amendment) Act."You want us to issue writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain). Please," Justice Gavai remarked..However, the order uploaded later in the evening reflected that the applications would be listed for hearing on April 22, Tuesday. "As prayed, list these applications (IA Nos. 99874-99875 of 2025) along with the main matter, which is slated to listed tomorrow, 22.04.2025," the order said. .The remarks by Justice Gavai have come at a time when constitutional functionaries and leaders belonging to the ruling Bharatiya Janata Party (BJP) have been accusing the judiciary of overstepping its limits.Vice-President of India Jagdeep Dhankar recently commented that judges in India have no accountability and the law of the land does not apply to them. He also said that Article 142 of the Constitution, which gives the Supreme Court special powers, "has become a nuclear missile against democratic forces, available to the judiciary 24x7." These remarks were made after the Supreme Court's seminal judgment on the powers of Governors and the President.In the context of the Supreme Court hearing on challenges to the Waqf (Amendment) Act, Member of Parliament Nishikant Dubey accused Chief Justice of India (CJI) Sanjiv Khanna of being responsible for "all civil wars" in the country.[Read Order in Murshidabad Case].[Read Live Coverage]