We are alleged of encroaching upon parliamentary, executive functions: Supreme Court

New Delhi: Justice B R Gavai of the Supreme Court on Monday expressed concern over criticism that the judiciary is allegedly overstepping its constitutional boundaries, particularly amid recent political attacks directed at the court. The remarks came during hearings in two separate matters—one relating to the recent violence in West Bengal and the other concerning regulation of explicit content on online platforms.

“As it is, we are alleged of encroaching upon the parliamentary and executive functions,” Justice Gavai said during the proceedings. He was heading a bench that also included Justice Augustine George Masih.

The observation was made while hearing a plea that sought government intervention to curb sexually explicit and pornographic content on OTT platforms and social media. “Who can control it? It is for the Union to frame a regulation in that regard,” Justice Gavai remarked. Advocate Vishnu Shankar Jain, representing the petitioner, had urged the court to act on the issue, describing it as “very serious.” The bench, however, scheduled the matter for hearing next week.

Earlier in the day, Jain mentioned a separate application filed in a pending 2021 public interest litigation (PIL) which had sought the imposition of President’s Rule in West Bengal following post-election violence. The advocate requested that the fresh application—highlighting additional incidents of violence in the state—be heard along with the main petition.

“In tomorrow’s list, item 42 pertains to imposition of President Rule in the state of West Bengal. That petition is filed by me. I have filed an IA bringing out certain more incidents of violence,” Jain told the bench.

He invoked Article 355 of the Constitution, which mandates the Centre to protect states against internal disturbances. Jain also requested the court to summon a report detailing the current situation in the state, adding, “When the matter will come up, I will demonstrate how the violence happened.”

Reiterating earlier concerns, Justice Gavai said, “As it is, we are now criticised that we are interfering with the executive’s function, the legislative functions,” referring to recent public remarks by political leaders.

The fresh application seeks the formation of a three-member committee, headed by a retired Supreme Court judge, to investigate incidents of violence, alleged human rights violations, and crimes against women from 2022 to April 2025, including the recent unrest in Murshidabad and Bhangar. On April 14, violence erupted in Bhangar, South 24 Parganas district, during protests against the Waqf (Amendment) Act. Earlier, on April 11 and 12, communal clashes in Murshidabad district had reportedly left three people dead and displaced hundreds. Separately, a bench comprising Justices Surya Kant and N Koiswar Singh permitted petitioner Shashank Shekhar Jha to withdraw his plea seeking a court-monitored probe into the violence linked to the Waqf Act. The court allowed him the liberty to file a new petition.

The hearings occurred amid ongoing tensions between the judiciary and sections of the political leadership. Vice President Jagdeep Dhankhar and BJP MP Nishikant Dubey had recently criticised the Supreme Court, questioning its authority and accusing it of overreach.