India

SC’s ‘Unjustified’ Observations On Nupur Sharma Fan An Agenda, Says A Group Of Judges & Bureaucrats

By
OB Bureau

Bhubaneswar: A group of citizens comprising judges, bureaucrats and Armed Forces officers has issued an open letter deriding the statement of two judge bench of the Supreme Court which blamed BJP spokesperson Nupur Sharma for killing of a tailor in Udaipur.

“Unfortunate and unprecedented comments emanating from the two Judge Bench of the Hon’ble Supreme Court-Justice Surya Kant and Justice JB Pardiwala, while being seized of a petition by Nupur Sharma, have sent shockwaves in the country and outside. The observations, simultaneously relayed by all news channels in high decibel, are 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,” News18 quoted the group as writing in the letter.

The group of 15 judges, 77 bureaucrats and 25 Armed Forces officers said the observations of the bench that “have no connect jurisprudentially” with the issue raised in the petition, transgressed in an unprecedented manner all canons of dispensation of justice”.

The Supreme Court bench on Friday said, “What is her (Nupur Sharma’s) business to make these remarks? …The way she has ignited emotions across the country… This lady is single handedly responsible for what is happening in the country… Her remarks show her obstinate and arrogant character.”

Calling her a complete ‘loose tongue’, the Supreme Court said, “She makes all irresponsible statements and claims to be a lawyer of 10 years standing. She should be apologising to the whole country.”

“Perceptionally the observations – Nupur Sharma is adjudged with severity guilty in a proceeding where this was not an issue at all – and reflection – she is single-handedly responsible for what is happening in the country – have no rationale. By such observation perceptionally, there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. The observations also graduate to most unjustifiable degree that this was only to fan an agenda,” the letter stated.

“Urgent rectification steps are called for as these have potentially serious consequences on democratic values and security of the Country… Emotions have flared up extensively on account of these observations that in a sense dilute the barbaric dastardly beheading in broad daylight in Udaipur – a case under investigation. 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,” the group wrote.

The petitioner had approached the Supreme Court for transfer of various FIRs registered against her in different states in respect to the alleged remarks made by her during a TV debate.

OB Bureau

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