Supreme Court’s observations in Nupur case left behind ‘Lakshman Rekha’: Open letter to CJI

New Delhi: A group of former judges, bureaucrats and retired armed forces officers have criticized the Supreme Court’s recent remarks against suspended BJP member Nupur Sharma. In an open letter sent to CJI NV Ramana, he has alleged that the apex court crossed the “lakshman rekha” and called for “immediate reform” steps. Notably, the apex court on July 1 reprimanded Nupur Sharma for her remarks on Prophet Muhammad, saying that her remarks were disturbing and smelled of arrogance. Referring to his apology for his remarks against Prophet Muhammad, the SC bench had said that it was too late and his remarks led to unfortunate incidents.

An open letter has been sent to CJI NV Ramana signed by 15 retired judges, 77 retired bureaucrats and 25 retired armed forces officers against the remarks made by Justice Surya Kant and Justice JB Pardiwala while hearing Nupur Sharma’s case in the Supreme Court.

The letter said that the roster till the retirement of Justice Surya Kant be withdrawn and directed to withdraw the observations and observations made by him during the hearing of Nupur Sharma case.

The open letter to the Forum for Human Rights and Social Justice, J&K & Ladakh at Jammu demanded withdrawal of Justice Surya Kant’s roster till he retires and at least the comments made by him and directed to withdraw the comments. the hearing.

According to the statement, “In the history of the judiciary, the unfortunate remarks have no parallel and are indelible marks on the justice system of the largest democracy. Immediate reform measures should be taken as these can have dire consequences on democratic values ​​and the security of the country.” ..”

The statement was signed by 15 former judges, 77 former All India Services officers and 25 veterans, including former Bombay High Court Chief Justice Kshitij Vyas, former Gujarat High Court judge SM Soni, former Rajasthan High Court judges RS Rathore and Prashant Agarwal were involved. SN Dhingra, former judge of Delhi High Court. Former IAS officers RS Gopalan and S Krishna Kumar, Ambassador (Retd) Niranjan Desai, former DGPs SP Vaid and BL Vohra, Lt Gen VK Chaturvedi (Retd) and Air Marshal (Retd) SP Singh have also signed the statement, which said It has been observed that the SC observations are not in line with the judicial ethos.

“These remarks, which do not form part of the judicial order, cannot be sanctified in any way on grounds of judicial propriety and impartiality. Such outrageous violations have no parallel in the history of the judiciary,” the statement said. ”

On 1 July, the Supreme Court came down heavily on Nupur Sharma for her controversial remarks against Prophet Mohammed, saying her “loose tongue” had “set the whole country on fire” and that she was “for whatever is happening”. “The country alone is responsible”. The top court had refused to entertain Nupur’s plea to club the FIRs lodged against her in various states for the remarks, saying the remarks were either cheap publicity, political agenda or was done for some nefarious activities.

Criticizing the Supreme Court’s observations, the statement said, “We, as concerned citizens, believe that the democracy of any country will remain intact until all institutions perform their duties in accordance with the Constitution.” The recent observations of two Supreme Court judges have crossed the Lakshman Rekha and compelled us to issue an open statement.” It further claimed that these “unfortunate and unprecedented” comments have sent shock waves across the country and abroad.

Noting that Nupur Sharma sought access to the justice system before the Supreme Court, the statement said that the court’s observations have jurisprudentially nothing to do with the issue raised in the petition and that “all principles of justice are unprecedented”. manner infringed”. They were in fact denied access to the judiciary and, in the process, resented the preamble, spirit and essence of the Constitution of India.”

It further said, “The legal fraternity is bound to be surprised and perplexed at the observation that an FIR should lead to an arrest. The uninformed comments on other agencies in the country, are indeed worrying and alarming.” The signatories also defended Sharma’s plea to club all the FIRs, citing the previous orders of the apex court.

It may be noted here that Nupur Sharma’s remarks against the Prophet during a TV debate had triggered protests across the country and drew sharp reactions from several Gulf countries. Later BJP suspended him from the party. The top court had also pulled up the Delhi Police, saying, “What has happened in the investigation so far? What has the Delhi Police done so far? Don’t let us open our mouths? They must have put up a red carpet for you.”

(With ANI/PTI Inputs)