Published 16:37 IST, August 10th 2022
Supreme Court clubs all FIRs against Nupur Sharma, transfers them to Delhi
The SC ordered that all FIRs against Nupur Sharma be transferred to New Delhi and observed that it is up to the High Court to quash them.
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In a big relief for Nupur Sharma, the Supreme Court on Wednesday clubbed all FIRs registered against the suspended Bhartiya Janata Party (BJP) spokesperson. The SC also ordered all FIRs to be transferred to New Delhi and observed that the High Court was an adept Constitutional body to deal with the request of quashing them. The bench was headed by Justice Surya Kant and Justice JB Pardiwala.
During the hearing, Senior Advocate Maninder Singh apprised the court that despite the stay during the last hearing, Sharma had received summons from West Bengal, and fresh FIRs had been filed against her in the state. He requested that the Court club all FIRs to Delhi.
Senior Advocate Menaka Guruswamy appearing for West Bengal opposed this and questioned how an accused could be allowed to pick a jurisdiction, to which advocate Singh argued that the Delhi police FIR was a comprehensive FIR, and investigation has to be there since the first FIR was filed in the national capital.
SC clubs all FIRs against Nupur Sharma
Observing that 'certain more incidents had taken place' after its previous July 1 order denying relief to Sharma, the SC said, "The telecast dated May 26, 2022 has led to the registration of various FIRs against the petitioner in various parts of the country. We are consolidating the FIRs in view of a grave circumstance. We were of the view that it is for the High Court to quash the FIRs."
Taking cognizance of the threats against her, the SC said, "Though the petitioner was initially on July 1 relegated to avail the alternative remedy with reference to her first prayer for quashing FIR, we are of the view that a part of cause of action has arisen in Delhi and she is at liberty to move the Delhi High Court for quashing the FIR. An FIR has been filed in Maharashtra and a similar FIR has been filed by the Delhi Police IFSO unit. Since this court had already taken cognizance serious threat. We direct that all the FIRs be transferred and clubbed for purpose of investigation to Delhi Police."
The SC also denied the request to oversee the process saying that this would put undesirable pressure on investigation agency.
In the last hearing, the Supreme Court directed as an interim measure that no coercive action be taken against Nupur Sharma till August 10. The suspended BJP leader knocked on the doors of the apex court seeking the clubbing of all the FIRs lodged against her across the country in connection with her controversial remarks against Prophet Muhammad.
Nupur Sharma's lawyer Senior Advocate Maninder Singh had submitted a petition stating that after the court's July 1 order, serious threats against her life had been issued and she was not in a position to avail the alternate remedy directed earlier by the top court of approaching the High Court. Responding to the petition, the bench stated that their main concern is to ensure protection for Sharma so she should not remain deprived of her right of alternate remedy.
16:26 IST, August 10th 2022