🚨Supreme Court bench of Justices Surya Kant & Pardiwala will hear former BJP leader Nupur Sharma’s plea seeking protection from arrest in as many as nine FIRs filed against her in several parts of India for her comments on a religious figure in Islam - Prophet Mohammad.
The last time that Nupur Sharma had approached Supreme Court, the bench of Justices Kant & Pardiwala had refused the prayer to club FIRs and had orally observed that Nupur Sharma “should apologise to the whole country for her comments”.
Singh: Certain development have taken place after the order. There are real threats to her life, there are some news report that someone has come from Pakistan.
Court: these events that you are pointing out, after MA?
Singh: They happened after July 1
Singh: This is continuing. Even when the court had expected me to go to each court and seek redressal.
Bench: We never wanted you to go to every place.
Singh: I may have misunderstood. It is one allegation of criminal offence and multiple FIRs. The threat to life is increasin
Singh: Whatever has happened has happened. But these incidents have taken place after July 1. The threat is genuine and real. West Bengal has registered 3-4 FIRs. These are subsequent events.
Singh: I only want to show two things. In previous cases the court has said that first FIRs will be allowed to go on and the other FIRs will be stayed.
Singh: If there is one allegation there can be only one FIR and investigation.
Bench: Our main concern is that you relegated to avail the alternate remedy. How have you pointed it out in the MA, those incidents are causing problems in availing alternate remedy.
Bench: We would like to evolve the mechanism as to how to give you the alternate remedy and how to enforce it.
ORDER: The original WP was filed the petitioner under Article 32, in which the first and foremost prayer is as follows.
ORDER: Since the above prayer for quashing of the FIRs can be effectively granted by HC in exercise of its powers under Article 226 of the constitution. This court on July, 2022, relegated the petitioner to avail alternate remedy.
ORDER: The petitioner has now, filed an application pointing out that it has become impossible for her to avail alternate remedy granted by this court and that there is an imminent necessity by this court to intervene and protect her life and liberty.
ORDER: In support of her plea, she has averred in her application that. After the order of this court, various incidents including 1) Salman Chisti, claiming to be a Khadim of Ajmer Dargah has circulated a video where he has called upon to cut her throat.
ORDER: 2) A person from UP has released a video.
3) More FIRs in West Bengal. 4) Kolkata police have issued a look out circular, due to which she apprehends immediate arrest and to avail of opportunity to go before HC for quashing of FIR.
ORDER: During the course of hearing MR.Singh has referred to 2 more instance of serious threat to #NupurSharma’s life and they are reported to have taken place after filing the application. He seeks a permission to file additional affidavit.
ORDER: In the light of these subsequent events. The concern of this court is how to ensure She is able to avail alternate remedy. In order to explore such modality, let notice be issued to respondents in the application. List on August 10, 2022. Copies of WP be also forwarded.
ORDER: Liberty is granted to serve the respondents through standing counsels.
MEANWHILE AS AN INTERIM MEASURE IT IS DIRECTED THAT NO COERCIVE ACTION SHALL BE TAKEN AGAINST PETITIONER IN THE IMPUGNED FIRs
ORDER: FIRs/Complaints which maybe registered/entertained in future pertaining to telecast dated 26th May 2022
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