Nupur Sharma remarks row : Open letter to CJI flays Supreme Court’s observations

New Delhi – A group of former Judges, bureaucrats and retired armed forces officers have criticised the recent Supreme Court observations against suspended BJP member Nupur Sharma. In an open letter sent to CJI NV Ramana, they have alleged that the Supreme Court surpassed the ‘Laxman Rekha’ and called for urgent rectification steps. Criticising the SC’s observations, the letter said, “We, as concerned citizens, do believe that Democracy of any country will remain intact till all the institutions perform their duties as per the Constitution”.
Notably, the Supreme Court on 1st July castigated Nupur Sharma for comments on Prophet Muhammad, saying her ‘loose tongue’ has ‘set the entire country on fire’ and that she is ‘single-handedly responsible for what is happening in the country’. Referring to her apology for her comment against Prophet Mohammad, the Supreme Court Bench had said that it was too late and her remark led to unfortunate incidents. The Bench had refused to entertain Nupur’s plea for clubbing of FIRs lodged in various States against her for the remark, and held that the comment was made either for cheap publicity, political agenda or some nefarious activities.

The Bench had also pulled up the Delhi Police saying, “What has happened in the investigation so far ? What has Delhi Police done so far ? Don’t make us open our mouth. They must have put a red carpet for you”.

An open letter has been sent to CJI NV Ramana, signed by 15 retired Judges, 77 retired bureaucrats and 25 retired armed forces officers, against the observation made by Justices Surya Kant and JB Pardiwala while hearing Nupur Sharma’s case.

The letter stated that the roster of Justice Surya Kant be withdrawn till he attains superannuation and least be directed to withdraw the remarks and observations made by him during the hearing of the Nupur Sharma case.

According to the statement, “In the annals of Judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest Democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the country”.

Noting that Nupur Sharma sought access to the justice system before the highest Court, the statement said the Court’s observations have no connect jurisprudentially with the issue raised in the petition and ‘transgressed in an unprecedented manner all canons of the dispensation of justice’, adding “She was defacto denied access to Judiciary and in the process, there was an outrage on the preamble, spirit and essence of the Constitution of India”. It further claimed that these ‘unfortunate and unprecedented’ comments have sent shockwaves in the country and outside. Such outrageous transgressions are without parallel in the annals of Judiciary.

The signatories also defended Sharma’s plea for clubbing all FIRs against her citing previous orders of the Supreme Court.

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