Ex-judges, veterans slam SC judges' observations on Nupur Sharma
As many as 117 people, including retired judges, former armed forces officers, and ex-bureaucrats, have issued an open statement backing former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma, saying the Supreme Court judges have crossed the "Laxman Rekha." This comes after Justices Surya Kant and JB Pardiwala on Friday slammed Sharma for threatening the "security of the nation" by commenting against Prophet Muhammad.
- Justice Pardiwala, along with Justice Surya Kant, had on Friday slammed Sharma, who moved the SC seeking transfer of all the FIRs against her to Delhi.
- The SC also said that Nupur Sharma was "single-handedly responsible for what is happening in the country," referring to communal tensions.
- It also refused to club the FIRs, prompting her to withdraw her plea from the top court.
The 117 signatories of the open letter comprise 15 retired judges, 77 retired bureaucrats, and 25 retired armed forces officers. The statement noted, "Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honor of the highest court." This comes days after Justice Pardiwala said that personal attacks on judges for their judgments are creating a "dangerous scenario."
The statement read, "We, as concerned citizens, do believe that 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 Hon'ble Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement (sic)." It added thir comments sent "shockwaves" in India and outside.
The signatories also slammed the judges for their "single-handedly responsible" statement against Sharma, saying that "perceptionally there is virtual exoneration of the dastardliest beheading at Udaipur in broad daylight." They also said such "unfortunate comments" leave an "indelible scar on the justice system." They also called for urgent rectification steps as these remarks have potentially serious consequences on the country's democratic values and security.
"Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on issues raised in the petition, can never be a facet of a democratic society," the signatories wrote. Their statement said that the observations were too serious to be overlooked if the rule of law and democracy have to "sustain and blossom."
On Sunday, asserting the primacy of the rule of law over popular public sentiments, Pardiwala said trials by digital media called for undue interference in process of justice dispensation. "I firmly believe that it is for the highest court of the country to decide things keeping only one thing in mind...the rule of law....judicial verdicts cannot be the reflection of influence of public opinion."
Talking about mandatory regulation of social and digital media, Justice Pardiwala cited various instances of media crossing "Laxman Rekha." Media trials are not healthy for rule of law, he said. In his address on the topic, "Vox Populi vs Rule of Law: Supreme Court of India," he called on Parliament to consider introducing appropriate legislation to regulate digital and social media.
Kanhaiya Lal, a tailor in Udaipur, was brutally killed by two assailants, Riyaz Akhtari and Ghaus Mohammad, last week They slit Lal's throat and posted a video on social media claiming to avenge an insult to Islam. Lal had apparently supported Sharma on social media over her controversial remarks against the Prophet. In the video, they also issued a threat to PM Narendra Modi.
