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Supreme Court relief for Nupur Sharma, gets interim protection from arrest till August 10
Court issues notices to states on plea for clubbing FIRs
New Delhi, July 19
Faced with threat to life for her controversial comments on Prophet Mohammed, suspended BJP spokesperson Nupur Sharma on Tuesday got a relief from the Supreme Court which protected her from arrest till August 10 in multiple FIRs against her in several states.
Bench clarifies
We never wanted you to go everywhere (different courts). Maybe we could not convey this…. but you understand that you have to go to one place. SC Bench
“Meanwhile, as an interim measure, it is directed that no coercive action shall be taken against the petitioner (Nupur Sharma) pursuant to the impugned FIR(s) or complaint(s) or the FIR(s) or complaint(s) which may be registered or entertained in the future pertaining to the telecast dated May 26 on Times Now,” a Bench of Justice Surya Kant and Justice JB Pardiwala said.
The Bench took note of the threats issued to her, including that by Salman Chisti, a khadim of Ajmer Dargah, and a lookout circular issued by the Kolkata Police on July 2.
“We never wanted you to go everywhere. Maybe we could not convey this…. Your impression of going to different High Courts.... Now you explain it’s nearly impossible for you and there is threat to life… but you understand that you have to go to one place of your choice,” the Bench said. On July 1, the SC had refused to entertain her plea for clubbing of the FIRs and had made scathing remarks that her “loose tongue” had set the entire country on fire.
It issued a notice on her plea seeking expunction of adverse remarks made by the judges while hearing her petition seeking clubbing of FIRs registered against her over her controversial remarks.
Asking the states/UTs of Delhi, Maharashtra, Telangana and West Bengal to respond to her plea in order to explore the option of allowing her to approach one particular High Court to challenge all the FIRs, the Bench posted the matter for further hearing on August 10.
Seeking revival of her petition withdrawn on July 1, Sharma had sought quashing of nine cases lodged against her in various states and UTs as well as any future case regarding her May 26 comment. Alternatively, she sought a stay on her arrest.
“Our main concern is that you (Nupur) should not be deprived of your right of alternative remedy,” it said, adding it would try to develop modalities for it.
As the Bench asked senior counsel Maninder Singh, representing Nupur, if the petitioner would be willing to go to the Delhi High Court, Singh replied, “Yes, of course.”
Singh sought to highlight the fact that the threat to Nupur’s life had increased. “There are ever-increasing serious threats to life. We have seen in the past how these situations pan out. Whatever has happened has happened... now three-four more FIRs have been registered. You (SC judges) are the protector of Article 21 (right to life and personal liberty). It’s continuing... How do I travel to every court and seek redressal?” he told the Bench.
Singh cited several judgments in which the top court clubbed FIRs registered in various states arising out of the same cause of action.
Noting that the instances of threats issued to her life occurred after the July 1 hearing, the Bench asked Singh to file an additional affidavit giving specific details of these instances.
Earlier, a group of former judges, bureaucrats and military veterans had on July 5 decried the observations made by two judges against Sharma, saying the comments crossed the “Lakshman Rekha”.
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