New Delhi: The Supreme Court on Tuesday saved suspended BJP spokesperson Nupur Sharma from arrest in all the FIRs lodged against her for her alleged blasphemous remarks on Prophet Mohammad during a televised news debate on May 25.
A bench of Justice Surya Kant and Justice JB Pardiwala – which on 1 July refused Relief to Sharma – Said that no coercive action would be taken against him in the event of fresh FIR or complaint being lodged against him.
The court granted interim protection on Sharma’s application, which had sought permission to revive his earlier petition, asking the court to club all the FIRs pending against him in respect of the controversial statements. The top court had on July 1 asked the former BJP spokesperson to approach the respective high courts to quash the FIR.
Sharma’s counsel, senior advocate Maninder Singh, drew the court’s attention to the developments after the July 1 order and submitted that he had received death threats, due to which he was in a position to avail the remedy to move individual high courts. as directed earlier by the Apex Court.
Taking note of the submissions, the court said that its primary concern was to ensure security for Sharma, so that he could avail the treatment under the law. It issued notices to the Center and states, including West Bengal, Uttar Pradesh and Delhi, where the FIR has been lodged.
His before In the petition as well as in his latest application, Sharma has requested the apex court to transfer all the FIRs to Delhi. During the arguments on Tuesday, her counsel said that she would take appropriate legal steps before the Delhi High Court (HC) to quash the FIR.
The top court will hear the matter again on August 10. “Our main concern is that you were removed (on July 1) for availing the alternative remedy (approaching the High Courts). You have pointed out unfortunate incidents later in the application. These developments are creating serious obstacles in getting alternative solutions. Our concern now is to evolve those modalities to ensure that you are not deprived of your right to avail of the legal remedy,” Justice Suryakant said.
He further said that the court will hear on August 10. other Decide on Sharma’s request to take the side and cases to Delhi so that he can invoke the jurisdiction of Delhi HC for further legal proceedings.
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‘Sometimes escalating, real threat to life’, says Sharma’s lawyer
In his petition – which he withdrew after the decision of the bench condemn you For him Ignite “emotions in the country” with his “disturbing statements” – Sharma demanded quashing of all FIRs registered against him. As an alternative, it said that the court should allow the FIR to be clubbed, in the light The earlier judgments of the apex court which said that not more than one FIR can be registered in respect of the subject or the offence.
However, following the July 1 order, Sharma’s counsel on Tuesday told the apex court that it had become almost impossible for him to avail the alternative remedy given by him, as there were ever-increasing, real threats to his life.
“There has been some development after the last order. There are serious threats. There are reports of a person traveling from Pakistan, someone has been detained in Patna. Some more new FIRs have also been registered in West Bengal.
The advocate further said that even after filing the application, the threats are continuing. “I beg your lord, there is a serious threat to my life when I go everywhere to get the FIR quashed. This is an allegation of a so-called criminal offense and multiple FIRs. Your lordship is the protector of Article 21 (right to life),” he told the bench.
‘He fears immediate arrest’
Advocate Singh also pointed to a lookout circular issued by West Bengal Police against Sharma, stating that he feared immediate arrest, which would give him a reasonable opportunity to approach various HCs seeking quashing of the FIR. can be denied.
“In support of his petition the petitioner has incorporated in the application after the order of 1st July, various incidents including Salman Chishti claiming to be Khadim of Ajmer Dargah has circulated a video which in a very disturbing manner called to cut has gone. Throat of applicant petitioner (sic)“The court recorded in its order.
“Another person resident of UP made a viral video using abusive language against the petitioner and threatened to behead him. Few more FIRs have been registered in West Bengal which were not known to the petitioner.
The court also noted: “In the light of subsequent events, some of which are observed above, the concern of this Court is to ensure that the petitioner is able to avail the alternative remedy permitted by this Court on 1st July, 2022.” In order to find out such modalities, notice may be issued to the respondents by August 10.”
Sharma was granted liberty to serve the respondents by hand (handing over the summons to the court)Also through the state’s standing counsel.
(Edited by Gitanjali Das)
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