On July 1, the Supreme Court harshly criticised suspended BJP politician Nupur Sharma for her derogatory remarks about Prophet Muhammad, declaring that her "loose tongue" had "put the entire country on fire," and requiring her to make an instant public apology.
During a TV debate, Sharma made a statement about the Prophet Muhammad that led to nationwide outrage and stern responses from various Gulf nations. She was later expelled from the BJP.
The bench determined that the remark was made either for cheap publicity, a political objective, or other nefarious activity and refused to consider Sharma's request for the clubbing of FIRs filed against her in several states for the comment.
Sharma's request for the clubbing of FIRs was denied by a vacation bench of Justices Surya Kant and JB Pardiwala, however they did allow Sharma to withdraw the request.
"She actually has a loose tongue and has made all kinds of irresponsible statements on TV and set the entire country on fire. Yet, she claims to be a lawyer of 10 years standing... She should have immediately apologised for her comments to the whole country," the court said.
"These remarks are very disturbing and smack of arrogance. What is her business to make such remarks? These remarks have led to unfortunate incidents in the country...These people are not religious. They do not have respect for other religions. These remarks were made for cheap publicity or political agenda or some other nefarious activities”, the bench said.
"She has a threat or she has become a security threat? The way she has ignited emotions across the country… this lady is single-handedly responsible for what is happening in the country," the bench said when Sharma's lawyer Maninder Singh pointed out that she was facing threats to life.
The bench further said," the way she ignited emotions across the country has led to unfortunate incidents. This lady is single-handedly responsible for what is happening in the country. We saw the debate".
The savage murder of a tailor in Udaipur by two men who posted videos online and said they were retaliating for an insult to Islam is the context in which the court's findings against the suspended BJP leader were made.
Senior advocate Singh, appearing for Sharma, said she had apologised for her remarks.
The bench said,"her apology came too late and that too conditionally saying if religious sentiments are hurt and so on. She should have been on TV immediately and apologised to the nation".
The court said her petition smacks of arrogance and that she thinks that the magistrate of the country is too small for her.
Singh said Sharma was a spokesperson of a political party and her unintentional comments were in relation to a debate.
"If you are a spokesperson of a party, it is not a license to say things like this", the bench said, adding, "if there was a misuse of the debate, the first thing she should have done was to file an FIR against the anchor".
Singh said she had reacted to the debate initiated by other debators and pointed to the transcript of the debate.
The bench said, "what was the TV debate for? Was it to fan an agenda and why did they choose a sub-judice topic?"
Referring to various apex court verdicts, Singh said there cannot be a second FIR on the same cause of action.
Justice Kant said she has remedy before the high court and can very well approach it, if there is a second FIR.
Singh then referred to the Arnab Goswami case, and said the law has been laid down by the apex court.
The bench said,"the case of a journalist expressing his right on a particular issue is on a different pedestal from a spokesperson of a political party who is lambasting others with irresponsible statements without thinking of the consequences".
Singh said she has joined the investigation being conducted by the Delhi Police and not running away.
The bench said, "What has happened in the investigation so far? What has Delhi Police done so far? Don’t make us open our mouths? They must have put a red carpet for you."
After the hearing for nearly 30 minutes, the bench said it is not convinced with her bonafide and refused to entertain the petition.
Meanwhile, Congress leader Rahul Gandhi has spoken on the Nupur Sharma controversy.
“The atmosphere in the country has been created by the ruling dispensation. It is not the person who has made the comment. It is the Prime Minister. It is the Home Minister. It's the BJP and the RSS. It's an anti-national act, ” said Gandhi.
(With PTI inputs)
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