‘SC’s Nupur Sharma Remarks Crossed Laxman Rekha’: 15 Judges, 77 Bureaucrats, 25 Armed Forces Officers

A group of 117 “concerned” citizens — 15 judges, 77 bureaucrats and 25 Armed Forces officers – has issued an open statement condemning the Supreme Court for ?surpassing the Laxman Rekha? in blaming former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma’s remarks against Prophet Mohammad for the killing of a tailor in Udaipur. ​

The Supreme Court said on Friday: “What is her business to make these remarks? …The way she has ignited emotions across the country… This lady is single handedly responsible for what is happening in the country… Her remarks show her obstinate and arrogant character.”

Calling her a complete ‘loose tongue’, the Supreme Court said, “She makes all irresponsible statements and claims to be a lawyer of 10 years standing. She should be apologising to the whole country.?

Responding to it, the group wrote: “Unfortunate and unprecedented comments emanating from the two Judge Bench of the Hon’ble Supreme Court-Justice Surya Kant and Justice J. B. Pardiwala, while being seized of a petition by Nupur Sharma, have sent shockwaves in the country and outside. The observations, simultaneously relayed by all news channels in high decibel, are not in sync with judicial ethos. By no stretch these observations, which are not part of the judicial Order, can be sanctified on the plank of judicial propriety and fairness. Such outrageous transgressions are without parallel in the annals of Judiciary.”

They said the observations that “have no connect jurisprudentially with the issue raised in the petition, transgressed in an unprecedented manner all canons of dispensation of justice?.

“Perceptionally the observations– Nupur Sharma is adjudged with severity guilty in a proceeding where this was not an issue at all – Reflection-she is “single-handedly responsible for what is happening in the country” has no rationale. By such observation perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. The observations also graduate to most unjustifiable degree that this was only to fan an agenda,” the letter stated.

“Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the Country… Emotions have flared up extensively on account of these observations that in a sense dilute the barbaric dastardly beheading in broad daylight in Udaipur – a case under investigation. The observations, judgmental in nature, on issues not before the Court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society,” the group wrote.

They said that “a rational mind is bewildered not only at the jurisprudential transgressions but also the sweep of the same as Judges hit out no holds ‘barred’ at agencies and making innuendo reflections about her clout”.

The observations are too serious to be overlooked if rule of law, democracy has to sustain and blossom and deserve to be recalled with stance that soothes minds that care for justice, said the signatories.

They said the petitioner had approached the Supreme Court for transfer of various FIRs registered against her in different states in respect to the alleged remarks made by her during a TV debate.

“The allegations constitute only one offence for which separate prosecutions (FIRs) were launched. Article 20 (2) of the Constitution of India prohibits prosecution and punishment more than once for the same offence. Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Hon’ble Supreme Court in a number of cases including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution of India.”

Meanwhile, the Human Rights Forum too, expressed anguish and pain over the remarks and urged Chief Justice of India N V Ramana to ask the judges to withdraw their unconstitutional remarks.

“We the members of the Forum for Human Rights and Social Justice, J&K, and Ladakh at Jammu which has been conducting its activities for social harmony and justice, do feel utmost pain and agony by the conduct and remarks??, the forum stated in a letter written to the Chief Justice of India.

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