SC remarks in Nupur Sharma case condemned by former judges, bureaucrats, armed forces
- Sharma had demanded from the Supreme Court that all FIRs registered against her across India - be gathered together and transferred to Delhi. She also plead about security threats that she and her family have been facing and sought for protection.
Some 15 retired judges, 77 retired bureaucrats, and 25 retired armed forces have written an open letter to Chief Justice of India (CJI) NV Ramana against the remarks made by Supreme Court Justices Surya Kant and JB Pardiwala in former BJP spokesperson, Nupur Sharma's case. Both Kant and Pardiwala went viral on social media as many targeted them over their comments on Sharma when hearing her plea.
The open letter reported by ANI said, "we, as concerned citizens, do believe that democracy of any country will remain till all the institutions perform their duties as per the constitution. Recent comments by the two judges of the Hon'ble Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement."
NSharma had demanded from the Supreme Court that all FIRs registered against her across India - be gathered together and transferred to Delhi. She also plead about security threats that she and her family have been facing and sought for protection.
During the hearing, the justices had lashed out at Nupur over her remarks on the Prophet Muhammad. They made remarks like she had a 'loose tongue' and that 'it set the entire country on fire’. They also said, "this lady is single-handedly responsible for what is happening in the country." They also made remarks like "She has a threat or she has become a security threat? The way she has ignited emotions across the country." They even blamed her for the killing in Udaipur. The justices asked her to apologise to the whole nation.
Their remarks sent social media into a frenzy and many targeted the apex court judges for their oral comments in hearing Sharma's plea.
"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," the letter said.
Further, the letter added, "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 the judiciary."
On the judges' remark that said, "single-handedly responsible for what is happening in the country" the letter said, "has no rationale."
"By such observations perceptionally there is a 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 said.
Kant and Pardiwala had also questioned in the hearing, that why Sharma has not been arrested. On this, the letter to the CJI chief said, "legal fraternity is bound to be surprised and shocked at the observation that an FIR, should lead to arrest. The observations on other agencies in the country, without notice to them, are indeed worrisome and alarming."
The letter called for "urgent rectification steps" as the ex-judges, bureaucrats, and armed forces believe "these have potentially serious consequences on democratic values and security of the country."
Also, the letter said, "the observations, judgemental 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."
"One fails to understand, why Nupur's case is treated at a different pedestal. Such an approach of the Hon'ble Supreme Court deserves no applause and impacts the very sanctity and honor of the Highest Court of Land."
The letter asked for the withdrawal of the roster of Justice Surya Kant till he attains superannuation and at least be directed to withdraw the remarks and observations made by him during the hearing.
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Business NewsNewsIndiaSC remarks in Nupur Sharma case condemned by former judges, bureaucrats, armed forces
First Published:5 Jul 2022, 03:45 PM IST
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