On the 1st of July, the Supreme Court (SC) declined the plea of Ms. Nupur Sharma, the suspended member of the Bharatiya Janata Party (BJP) to club the hate speech cases filed against her across the country.
Notably, last week, Ms. Nupur Sharma filed a plea in the Supreme Court, asking to transfer all the cases registered against her remark to a court in Delhi. It is to be noted, that several FIRs were registered against the Prophet Mohammed remark of Ms. Nupur Sharma, including in Delhi, Mumbai, West Bengal, and Assam.
The plea was moved to the Supreme Court concerning the section of the Indian Constitution of India. In Article 20(2), a person cannot be prosecuted more than once for the same offense, as the section guarantees the right against double jeopardy.
However, during the court hearing, the SC bench comprising of Justices Surya Kant and Justice J.B. Pardiwala refused to grant interim relief and criticized the remarks made by Ms. Nupur Sharma. Furthermore, the SC bench asked her to approach all the High Courts, where the FIRs are pending judicial trials. The bench also made several observations against her remarks, underlining that her comments were “irresponsible.”
Justice Mr. Surya Kant said, “The way she has ignited emotions across the country… this lady is single-handedly responsible for what is happening in the country.”
The court also asked Ms. Nupur Sharma to make a public apology for her remarks, which not only created a ruckus, including several rallies, riots, and violent attacks but led to murders and killings of many people, across India.
The most recent killing was of Kanhaiya Lal, a tailor in Udaipur. He was killed, after he extended support to Ms. Nupur Sharma, through a Facebook post, and became the target of people, against Nupur Sharma’s remark on Prophet Mohammed, the ideal of Muslims and Islamic Culture.
Meanwhile, a Delhi-based social activist Mr. Ajay Gautam filed a petition to be heard by the Chief Justice Of India (CJI) N.V. Ramana. In his petition, Mr. Ajay Gautam sought withdrawal of adverse remarks against Ms. Nupur Sharma, claiming the remarks were uncalled for. In his petition, Mr. Ajay Gautam also asked for the transfer of all the FIRs and cases against Ms. Nupur Sharma, to the Delhi High Court.
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