‘SC’s observations towards Nupur Sharma not in sync with judicial ethos’: Former judges and bureaucrats

By PTI

NEW DELHI: A gaggle of former judges and bureaucrats on Tuesday criticised the current Supreme Court observations towards suspended BJP member Nupur Sharma, alleging that the apex courtroom surpassed the “Laxman rekha” and calling for “urgent rectification” steps.

“In the annals of judiciary, the unfortunate comments have no parallel and are indelible scar on 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,” the assertion signed by 15 former judges, 77 ex-all India providers officers and 25 veterans mentioned.

The signatories embrace former chief justice of the Bombay High Court Kshitij Vyas, former Gujarat High Court decide S M Soni, former Rajasthan High Court judges R S Rathore and Prashant Agarwal and former Delhi High Court decide S N Dhingra.

Former IAS officers R S Gopalan and S Krishna Kumar, ambassador (retired) Niranjan Desai, former DGPs S P Vaid and B L Vohra, Lt Gen V Ok Chaturvedi (retired) and Air Marshall (retired) S P Singh have additionally signed the assertion which mentioned the SC observations are usually not in sync with judicial ethos.

“By no stretch these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness. Such outrageous transgressions are without parallel in the annals of Judiciary,” it mentioned.

The Supreme Court had on July 1 come down closely on Sharma for her controversial feedback towards Prophet Mohammad, 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”.

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Refusing to entertain her plea for clubbing of FIRs lodged in numerous states towards her for the comment, the bench held that the remark was made both for affordable publicity, political agenda or some nefarious actions.

Criticising the observations, the assertion mentioned, “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. Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement.”

These “unfortunate and unprecedented” feedback have despatched shockwaves within the nation and out of doors, it claimed.

Noting that Sharma sought entry to justice system earlier than the best courtroom, the assertion mentioned the courtroom’s observations haven’t any join jurisprudentially with the difficulty raised within the petition and “transgressed in an unprecedented manner all canons of dispensation of justice”.

“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 alleged.

In the observations, there’s digital exoneration of the “dastardliest beheading at Udaipur in broad daylight,” it claimed.

It additional mentioned, “Legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest. The observations on other agencies in the country, without notice to them, are indeed worrisome and alarming.”

The signatories additionally defended Sharma’s plea for clubbing all FIRs towards her citing earlier orders of the apex courtroom.

“One fails to understand, why Nupur’s case is treated at a different pedestal. Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land,” it mentioned.

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Sharma’s feedback towards the Prophet throughout a TV debate had triggered protests throughout the nation and drew sharp reactions from many Gulf nations.

The BJP subsequently suspended her from the social gathering.

The apex courtroom had additionally pulled up the Delhi Police which has registered an FIR towards her.

The bench mentioned, “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.”