SC GRANTS PROTECTION TO NUPUR FROM ARREST

Softening its stand, the apex court says as an interim measure, no coercive action shall be taken against the former BJP spokesperson.

by Ashish Sinha - July 20, 2022, 5:10 am

The Supreme Court on Tuesday granted protection to former BJP leader and spokesperson Nupur Sharma from arrest in multiple FIRs registered against her across the country in connection with her controversial comments on Prophet Muhammad. Amid the raging controversy that her comments triggered, 9 FIRs were registered against Sharma in Delhi, Maharashtra, West Bengal and Telangana.

The apex court was hearing a plea Sharma has moved seeking a stay on her possible arrest and clubbing nine cases filed against her across the country. A bench of Justices Surya Kant and JB Pardiwala on Tuesday issued notices to all respondents including various states where FIRs have been registered in the case and also to the Union of India. Meanwhile, as an interim measure, no coercive action shall be taken against the petitioner, said the Court in its order.

During the course of hearing, Maninder Singh, senior counsel for Sharma referred to two recent instances where there was a serious threat to her life

and these instances took place after she moved the petition. Pleading her case, Singh on her behalf sought to file an additional affidavit giving specific details of instances posing threat to her life.

Granting the permission, the apex court referred to its earlier order asking Sharma to seek legal remedy and observed, “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 had averred that after the Court’s order various incidents including threats has taken place. The SC referred to Chisti’s remarks wherein he asked for cutting of Sharma’s throat and the video of another person who abused her and gave life threats. 

Court noted that the Article 32 jurisdiction of the court was invoked to get the relief of clubbing of cases. Since the above prayed for quashing of FIRs can be exercised by HC in its power under CrPC, this court on July 1 had asked the petitioner to take the alternative remedy.

Sharma has sought direction to club all FIRs registered against her across the country. 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.

Rejecting Sharma›s request to transfer all FIRs in many states for her alleged remarks on Prophet Muhammad to Delhi for investigation, the bench had observed, “She has threat or she has become security threat?”

Slammed Sharma for her arrogance, the Court had said, “The way she has ignited emotions across the country, this lady is singlehandedly responsible for what is happening in the country.”