SC grants protection to Nupur Sharma from arrest in multiple FIRs after pointed out of an imminent necessity for intervention of Court to protect her life and liberty, also noted Chisti’s remarks wherein he asked for cutting of her throat
New Delhi: The Supreme Court on Tuesday granted protection to suspended Bharatiya Janata Party (BJP) spokesperson Nupur Sharma from arrest in multiple FIRs.
The SC was hearing a plea moved by her seeking a stay on her possible arrest and clubbing nine cases filed against her statements on Muhammad.
On Tuesday, a bench of Justices Surya Kant and JB Pardiwala
issued notice to all respondents including various states where FIRs have been registered in the case, and also to the Union of India. The bench said, meanwhile, as an interim measure, no coercive action shall be taken against the petitioner.
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“In light of recent events, the concern of the court is as to how can the petitioner avail the legal remedy. To explore the possibility… Let notice be issued to the respondents. The matter was posted for hearing on August 10. Copies of the main writ petition shall also be supplied to the respondents,” said the bench.
Court noted that the Article 32 jurisdiction of the court was invoked to get the relief of clubbing of cases. Since the above prayer for quashing of FIRs can be exercised by HC in its power under CrPC, this court on July 1 asked the petitioner to take the alternative remedy.
A bench of Justices Surya Kant and JB Pardiwala issued notice on Sharma's plea to quash the FIRs or in the alternative club different FIRs and transfer the same to Delhi.
"This matter be listed on August 10, 2022. Copies of the main writ be also forwarded along with notice to respondents. Serve through dasti notice and standing counsel. Meanwhile, as an interim measure it is directed that no coercive shall be taken against Nupur Sharma," the bench ordered.
The Court said that it will explore the option of allowing Sharma to move one of the High Courts to quash all FIRs.
"The petitioner had approached this court to quash all FIRs registered against her. Since her prayer of quashing can be granted by High Court in the exercise of powers under Article 226, this court on July 1, 2022, relegated the petitioner to avail alternate remedy. The petitioner has now filed a miscellaneous application pointing out inter alia that it has become impossible for her to avail of the alternate remedy granted by this court and that there is an imminent necessity to protect her life and liberty as guaranteed under article 21," the Court noted in its order.
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The petitioner has now filed this Modification Application pointing out that it has become impossible for her to avail of this remedy and there is an imminent necessity for intervention of this Court to protect her life and liberty. In support of her plea, the petitioner has averred that after our orders, various incidents including threats (SC notes Chisti’s remarks wherein he asked for a cutting of the petitioner’s throat). The court said that SC also notes the video of another person who abused her and gave life threats.
Nupur Sharma has sought direction to club all the FIRs registered against her across the country through a petition. She said that after the top court’s strong criticism of her, the fringe elements have renewed their threat to her life and also given rape threats.
Sharma had requested the apex court that since the first FIR against her was registered in Delhi, all FIRs at other places be clubbed with Delhi FIR.
In this regard, the Court noted that another FIR has been registered against her in West Bengal and the Kolkata police have issued a lookout circular which will lead to immediate arrest and consequential denial of relief by not approaching the High Court.
Hence, in light of these instances, the court said that it will examine how to enable the petitioner to avail of an alternate remedy.
The Court, therefore, issued notice to the States of West Bengal, Uttar Pradesh, Delhi, Maharashtra, and Telangana to explore the option of allowing Sharma to approach one single High Court to challenge all FIRs.
"To explore such modality let notice be issued to respondents," the Court said while issuing notice and granting interim relief to Sharma.
Sharma had earlier moved to the top court praying that the first information reports (FIRs) registered against her in different parts of the country for her remarks on Prophet Muhammad, be transferred to Delhi.
However, the same bench which heard the matter today on July 1, refused to entertain the plea and made strong remarks against her.
The bench had remarked that Sharma was single-handedly responsible for fanning flames across India and should apologize 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 the way she said all this and later says she was a lawyer, is shameful. She should apologize to the whole country," Justice Kant had said.
Sharma had then proceeded to withdraw her plea.
She then filed the present application seeking revival of the earlier petition.
When the matter was taken up for hearing today, Senior Counsel Maninder Singh, appearing for Sharma, contended that she has been receiving threats.
"There is a real threat to life. there are reports that someone was traveling from Pakistan to kill her and some were apprehended in Patna who was planning to execute me," Singh said.
The Court then said that it did not have the intention last time to send Sharma to different High Courts.
"We never wanted you to go everywhere. Maybe we could not convey this or you did not," the bench remarked.
"There are ever-increasing serious threats to life. We have seen in the past how these situations pan out. Whatever has happened has happened. I had to withdraw... now another 3 to 4 FIRs have been registered. You are a protector of Article 21," Singh contended.
The Court then proceeded to grant interim protection to Sharma.
Below are the 9 FIRs registered against Sharma in four States – Delhi (1), Maharashtra (5), West Bengal (2) and Telangana (1).
1. Pydhonie Police Station, Mumbai, Maharashtra (May 28)
2. Cyber Cell Police Station, Hyderabad, Telangana (May 30)
3. Mumbra Police Station, Thane, Maharashtra (May 30)
4. Bhiwandi, Thane, Maharashtra (May 30)
5. Kondhwa Police Station, Pune, Maharashtra (May 31)
6. Narkeldanga Police Station, West Bengal (June 4)
7. Delhi Police IFSO, New Delhi (June 6)
8. Nanalpeth Police Station, Parbhani, Maharashtra (June 13)
9. Amherst Police Station, Kolkata, West Bengal
References:
barandbench.com
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