Justice was delayed but not denied: Nupur Sharma gets relief from SC
Justice was delayed but thankfully not denied by the same Justices to the same plaintiff for the same FIRs. Of course, it was a different day and possibly wiser Justices after a lot of bruhaha and criticism in the social and mainstream media and even among the intellectuals who understand the law and have similar credentials. At last, it was Satyamave Jayate (the truth won) at least partially when the Justices granted Nupur Sharma (NS), “No coercive action against her.” NS had returned to the Supreme Court (SC) on July 19 with a request similar to her plea on July 1 which was withdrawn after an unjustifiable commentary by the Justices.
NS through her lawyer pleaded again to squash the pending cases and/ or at least club all the FIRs against her. The same Justices heard the plea again and granted interim protection against her arrest pending responses from various High Courts (HC) and a scheduled hearing on August 10. It is a good example of, “better late than never.”
Since July 1, there were more FIRs against NS and reportedly a real threat to her life including reports of someone travelling from Pakistan to kill her[1]. Some persons were apprehended in Patna too according to NS’s lawyer pleading the case. Reportedly one person, allegedly from Pakistan, has been arrested in Rajasthan.
This time, Justices Surya Kant and J B Pardiwala were very awake to the realities of what the plaintiff was facing. Consequently, the Justice duo ordered to seek responses from various HCs where FIRs have been filed. NS’s request to squash all the cases is certainly Justice’s prerogative based on reasonable evidence but transferring all the cases to one jurisdiction is to safeguard her right, and also her safety, against multiple prosecutions for the same alleged offense.
The SC bench directed in its order[2], “as an interim measure, it is directed that no coercive action shall be taken against the petitioner pursuant to the impugned FIRs or such FIRs/ complaints which may be registered/ entertained in the future pertaining to the same telecast dated 26-05-2022.” This is justice under the rule of law which will protect NS until the next hearing on August 10.
I was one of the hundreds who was very critical of these two Justices and the judiciary as a whole following their commentary but not protecting NS against threats on her life[3][4]. In fact, after the highly undesirable and unjust commentary, one Salman Chisti of Ajmer Dargah made a public pronouncement offering his house/ property for killing NS and another individual called for her beheading. The Justice’s commentary created a toxic environment around the country that is wholly responsible for the increased religion-based turmoil in India.
While it is true that the tensions between Hindus and Muslims were ongoing because of the hijab controversy, masjids were built over temples by the barbaric Muslim ruler Babar, and the use of bulldozers in Uttar Pradesh against criminals, and stone pelting on Fridays after the prayers. The SC on July 1 implied as if NS was responsible even for the most gruesome killing/ beheading of a Hindu by two Muslim killers in Udaipur. This had a wildfire-like effect nationwide. Fortunately, the incidences of violence were contained before becoming explosive and many more suspects were arrested.
It is ironic that something ‘good’ emerged from the very poorly thought-out commentary by the Justices. Perhaps, they realized their error of judgment short of confessing it publicly. The widespread uproar in the social and mainstream media was a wake-up call for the entire judiciary that the Justices are not above the law. Who knows if this unfortunate incidence may mark the beginning of long overdue judiciary reforms?
The law-and-order agencies were put on alert in different parts of India fearing religion-based violence. While the BJP-led states like Uttar Pradesh have enforced very strong measures against those committing unlawful activities, the states like Rajasthan with the Congress party Chief Minister did not. Historically, the Congress party and others have maintained a soft corner for Muslims and favored their causes to secure votes. It is very unfortunate that the opposition parties like the Congress of Sonia Gandhi have always formulated policies that favored the so-called minority religion over Hindu’s plight. In the process, Hinduphobic individuals and groups let the anti-national activities continue under the guise of secular India.
Of course, NS is not out of the woods until it is all settled in the future court hearings. However, NS has an interim relief not to be arrested and protection against increasing threats. It is unimaginable that the HCs will object to clubbing the FIRs and the case heard in one place, conceivably Delhi High Court, a preferred place for the petitioner. It is more of a procedural formality to the best of my understanding of the law. In fact, I surmise that the SC could club all the FIRs without even getting the input from the respective HCs but two Justices may be a little too sensitized and thus cautious approach.
While the Justices cannot fully reclaim the lost public trust in the judiciary, their action on July 19 is a step in the right direction. We, the people of India, must forget and forgive and move forward. We should remain awake and work together to have India reclaim its status as Vishwa Guru and a strong geopolitical and economic power in the emerging new world order.
Returning to the statement by NS in the televised debate, I still believe that she did not commit any blasphemy as alleged and therefore all the FIRs are no more than false and fabricated innuendos by the Hindu haters. On July 19th, the country witnessed delayed justice nevertheless it was better late than never. On August 10th, the clubbing of her FIRs is a foregone conclusion. However, it is unlikely, although appropriate, that the SC will quash the cases against her. They are likely to have the case heard at the designated HC and offer NS an opportunity to return to SC if she was not satisfied.
The NS saga is likely to remain in the headlines in the media for some time as if it is destined to be the pretext of something big. Modi, an established political strategist, may have a secret plan for the emerging New India’s 2024 elections.
Note:
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.
Reference:
[1] Prophet remarks row: No coercive action against Nupur Sharma, says Supreme Court – Jul 19, 2022, The Hindu
[2] Supreme Court Protects Nupur Sharma From Coercive Action In All FIRs Over Remarks On Prophet Mohammed – Jul 19, 2022, Live Law
[3] Verdict without trial and verbal character assassination by the SC bench – Jul 02, 2022, PGurus.com
[4] The conduct of Supremo Collective (SC) of Justices: Is India’s justice system at a crossroads? – Jul 14, 2022, PGurus.com
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Formerly, a researcher in Italy, Japan, and France, he has widely travelled and came to the US in 1978. He was a faculty and academic administrator in several different universities in PA, TX, NJ, MN, WI, and NY, and an Executive Fellow in the White House S&T Policy during the Clinton administration.
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Well said- the Justices could have saved humanity and embarrassment to themselves.
The SC realised the Judges’ unrealistic remarks without hearing and move in right direction. SC would have directly transferred all the FIRs to one Court, but……
Nupur Sharma’s narration was from “Their Book” only. So, The SC should explore the facts narrated by NS. This action may save the entire humanity….