Nupur Sharma case: Ex-HC judges, retired bureaucrats seek recall of SC’s remarks

Fifteen former high court judges, along with several retired bureaucrats and army veterans, issued an open letter on Monday accusing the Supreme Court of surpassing.

The “lakshman rekha” with its recent comments on suspended Bharatiya Janata Party spokesperson Nupur Sharma, who is in the middle of a nationwide row over her comments on Prophet Muhammed.

In the annals of judiciary, the unfortunate comments have no parallel and are indelible scar on justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values.

And security of the country,” the group of 117 signatories said, seeking a recall of the observations made by the top court, which accused Sharma’s ‘loose tongue’ to be the reason behind the nationwide unrest.

The signatories include former Bombay high court chief justice Kshitij Vyas, former acting chief justice of Gauhati high court K Sreedhar Rao, retired Delhi high court judge SN Dhingra, and other former judges of various high courts. In addition, there are 77 bureaucrats (including former chief secretaries, ambassadors, and DGPs) and 25 army veterans.

Last Friday, the Supreme Court made remarks against Sharma while hearing her petition, which sought to club all criminal cases pending against her in various states, in response to her statements made during a television news debate.

The apex bench of justices Surya Kant and JB Pardiwala, while refusing to entertain her plea, said, “She is single handedly responsible for what is happening in the country…her loose tongue has set the entire country on fire.” The court even demanded her to apologise to the nation, and wondered why she has not been arrested so far.

“Reflection that she is “single-handedly responsible for what is happening in the country” has no rationale. By 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”… The democracy of any country will remain intact till all the institutions perform their duties as per the Constitution. Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement,” the letter stated.

The signatories also pointed out that the observations, besides being not in sync with judicial ethos, cannot be “sanctified on the plank of judicial propriety and fairness” as these were not part of the petition presented before the judges. Such outrageous transgressions are without parallel in the annals of the judiciary, it added.

By making these observations, the letter said that Sharma was “de facto denied access to judiciary” and 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 which is currently under investigation.

“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 signatories said in the letter, signed by former Kerala high court judge PN Ravindran and former Kerala chief secretary Anand Bose.

The letter also made references to similar reliefs provided in the past to journalist Arnab Goswami by the Supreme Court, and wondered why Sharma’s case is treated at a different pedestal.

“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of land,” it said, adverting to the right available to each citizen under Article 20(2), which prohibits prosecution and punishment more than once for the same offence.