Nupur Sharma case: Retired judges, bureaucrats term SC observations 'unfortunate, unprecedented'

New Delhi, Jul 5 (IANS): A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have issued an open statement saying that 'unfortunate and unprecedented comments' were made by a two-judge bench of the Supreme Court comprising Justices Surya Kant and Justice J.B. Pardiwala, while hearing a petition by former BJP spokesperson Nupur Sharma, which has sent shockwaves in the country and outside.

The statement said the observations, simultaneously relayed by all news channels in high decibel, are not in sync with judicial ethos and 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. Nupur Sharma sought access to the justice system before the highest court as that court alone could consider grant of relief being sought. The observations that have no connect jurisprudentially with the issue raised in the petition, transgressed in an unprecedented manner all canons of dispensation of justice," said the statement.

It added that such observation, perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. "The observations also graduate to the most unjustifiable degree that this was only to fan an agenda... In the annals of judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy," said the three-page open statement.

The officers' said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.

"The observations, judgmental in nature, on issues not before the court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issue raised in the petition, can never be a facet of a democratic society", added the statement. Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed.

The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched and Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. "Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court in a number of cases including Arnab Goswamy vs. Union of India (2020) and T.T. Anthony vs. State of Kerala clearly laid down the law that there can be no second FIR and consequently there can be no fresh investigation in respect to the second FIR on the same issue. Such an action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution", it said.

"Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land", it added.

The coordinators are Justice P.N. Ravindran former judge of Kerala High Court, and Anand Bose, former chief secretary, Kerala



Top Stories

Comment on this article

  • Don, Mangalore

    Tue, Jul 05 2022

    If TV debates are the cause so much mayhem, then ALL TV debates should be banned.

    DisAgree [1] Agree [2] Reply Report Abuse

  • Vinod Kumar, Mangalore

    Tue, Jul 05 2022

    Nobody has the right to mess with other’s religious issues especially the high ranking govt officials. Govt should try to contain and control the situation rather than fueling it to burn even more harder. What SC has observed is 100% true and guilty should be punished. Courts should also observe who initiated and ignited this issue by taking law in thier hands and should punish them severely irrespective of party, so that it should never encourage them to mobilize the masses by controversies in the future.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Thomas Edison, Cochin

    Tue, Jul 05 2022

    Supreme court judges rightly pointed our Nupur Sharma's statement as malicious and hurting the sentiments of minorities and engulfing the entire nation on fire for her remarks. She should be arrested immediately and sent to prison. Since the last 8 years this country is witnessing atrocities against muslims and downtrodden citizens, but Modi does not utter a word which proves he has given full liberty to hatemongers to go after minorities. Recent beheading in Udaipur is after effect of Nupur Sharma's comments, though I condem such acts of killing.

    DisAgree [4] Agree [6] Reply Report Abuse

  • mohan prabhu, mangalore/canada

    Tue, Jul 05 2022

    I am at a loss to understand the criticism of the retired judges of the SC obiter dicta in the case without reading what exactly the two judges said in the Nupur Sharma petition. My comments will be reserved until I get to read the obiter.

    DisAgree Agree [4] Reply Report Abuse

  • Chandu, Karla

    Tue, Jul 05 2022

    It looks like our intellectuals have lost their conscience and adapted to the present day culture....this is the only country in the world where we worship politicians of all cadres, cricketers, film stars and of course our brave all time shouting star journalists who deliver instant judgement in all cases on the TV debates......!!!

    DisAgree [1] Agree [7] Reply Report Abuse

  • Alwin, Mangaluru

    Tue, Jul 05 2022

    Some time Judge s go beyond certain things to find out the truth and proclaim true judgement with power and authority and according to law and constitution

    DisAgree [2] Agree [5] Reply Report Abuse

  • Roshan, Mangaluru

    Tue, Jul 05 2022

    There are 100's of celebraties, these days post exact text in their tweets. It looks like there is a command goes to them and they copy paste the content, in their tweets. Country is burning today on religious divide. SC for once observed openly what is happening, whatever they seen. If these retired babus, wants the SC to close its eyes, only observation is they are looking for much worse violence, instigated by politicians and fanatics from all walks of life.

    DisAgree [6] Agree [11] Reply Report Abuse

Leave a Comment

Title: Nupur Sharma case: Retired judges, bureaucrats term SC observations 'unfortunate, unprecedented'

You have 2000 characters left.


Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will be held responsible.