Retired judges, bureaucrats, armed forces officers issue open statement against Supreme Court observations on Nupur Sharma

Retired High Court judges, bureaucrats and armed forces officers open have issued an open statement against the adverse remarks made by Supreme Court on July 1 against former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma for her statements on national television about Prophet Muhammad which had led to violent protests and riots in many States..The open statement signed by 15 former High Court judges, 77 retired bureaucrats and 25 armed forces veterans, said that the oral remarks by the top court are too serious to be overlooked if rule of law and democracy has to sustain and blossom.They, therefore, sought recall of the same.“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,” it further said..The Supreme Court bench of Justices Surya Kant and JB Pardiwala had come down heavily upon former BJP spokesperson Nupur Sharma for her remarks on national television about Prophet Muhammad.The bench had said that Sharma is single-handedly responsible for fanning flames across India and should apologise to the whole nation."The way she has ignited emotions across the country. This lady is single-handedly responsible for what is happening in the country. We saw the debate on how she was incited. But they way she said all this and later says she was a lawyer, it is shameful. She should apologise to the whole country," Justice Kant said.The Court was hearing a plea filed by Sharma to transfer FIRs registered against her in different parts of the country to DelhiThe Court had also criticised Delhi Police for its inaction in the matter..The open statement said that such observations which did not form part of the judicial order could not be sanctified on the plank of judicial proprietary and were unparalleled.“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," it was stated. .Further, it was stated that by the observation Sharma was “single-handedly responsible for what is happening in the country”, there was a virtual exoneration of the murder at Udaipur in broad daylight.The letter said that such an approach of the Supreme Court deserved no applause and impacted the sanctity and honour of the highest court of land."The Petitioner has 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," the open statement read..[Read Open Letter].[Read List of Signatories]