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The Hindu
The Hindu
National
Legal Correspondent

Prophet remarks row: No coercive action against Nupur Sharma, says Supreme Court

The Supreme Court on Tuesday protected former BJP spokesperson Nupur Sharma from any coercive action in multiple FIRs registered in various parts of the country following her televised remarks about Prophet Muhammed.

Appearing before a Bench of Justices Surya Kant and J. B. Pardiwala, Ms. Sharma’s lawyer said there is a continuing threat to her life.

She said more FIRs were registered against her immediately after the same judges, sitting as a Vacation Bench, had declined her plea for protection on July 1.

On Tuesday, Ms. Sharma was able to convince Justices Kant and Pardiwala, who assembled specially at 3 p.m. to hear her case.

This time, the Bench issued notice on her plea to either quash all the cases against her or, in the alternative, transfer them from various States to Delhi in order to safeguard her right against multiple prosecution for the same offence. The Bench has sought responses from the States of West Bengal, Uttar Pradesh, Delhi, Maharashtra and Telangana in this regard by August 10.

“Meanwhile, as an interim measure, it is directed that no coercive action shall be taken against the petitioner (Sharma) pursuant to the impugned FIR(s)/complaint(s) or FIR(s)/complaint(s) which may be registered/entertained in the future pertaining to the telecast,” the court directed.

During the hearing, senior advocate Maninder Singh, for Ms. Sharma, said it has become impossible to follow the apex court’s advice of July 1 to approach the High Courts for relief. He said more and more cases have been filed since then. An FIR has been filed in West Bengal and a look-out circular was issued against her on July 2. She may be arrested any moment and consequently denied an opportunity to approach different High Courts seeking quashing of the FIRs against her. 

Mr. Singh said it would not be possible for Ms. Sharma to approach each and every one of the High Court for relief when there was a death threat hanging over her head. “One Salman Chisti claiming to be a Khadim of Ajmer Dargahhas circulated a video whereby in a very disturbing manner he has called upon for cutting the throat of the applicant/petitioner; one more person, Nasir, resident of Uttar Pradesh, has made a viral video using abusive language against the petitioner and threatened to behead her,” the court recorded Mr. Singh’s averments.

“There is a real threat to her life. There were reports of someone travelling from Pakistan to kill her. Some persons were apprehended in Patna,” Mr. Singh submitted.

He said there was an “imminent necessity” to protect her life and liberty as guaranteed under Article 21.

On July 1, the court had come down heavily on Ms. Sharma for her remarks, saying she was single-handedly responsible for the ensuing protests and should have apologised to the nation.

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