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SC Extends Relief to Nupur Sharma

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Manas Dasgupta

NEW DELHI, Aug 10: The Supreme Court which had earlier reprimanded the suspended BJP spokesperson Nupur Sharma for her “loose tongue,” on Wednesday allowed her plea and ordered clubbing and transfer to Delhi police of all FIRs lodged across the country against her for her remarks against Prophet Mohammad in a television debate.

A bench of Justices Surya Kant and J.B. Pardiwala also extended interim protection to Ms. Sharma till the probe is concluded by the Delhi police. The top court while disagreeing with her to quash all the FIR, however, allowed her to move Delhi High Court for quashing of FIRs lodged over her remark and said all future FIRs would also be transferred to Delhi Police for investigation.

The apex said the FIRs would be probed by the Intelligence Fusion & Strategic Operations (IFSO) of the Delhi Police which is investigating the Delhi case.

Sharma had landed in a major controversy after allegedly making some objectionable comments on Prophet Mohammad during a debate on a news channel on May 26 and had triggered protests across the country and drew sharp reactions from many Gulf countries.

Soon after protests followed – both within and outside the country, with several Muslim nations registering their protest officially with the respective Indian embassy. The BJP then suspended Sharma and distanced itself from her remarks. The ministry of external affairs also issued a statement in this regard clarifying that the Narendra Modi government did not share her views on the Prophet.

Massive stirs were led in some parts of the country too. Two persons who expressed their support for Sharma on social media were also killed by Muslim radicals in Rajasthan and Maharashtra.

“Since this court has already taken cognisance of a serious threat to the life and liberty of the petitioner, and specific instances in relation thereto have been cited in our previous order dated July 19, 2022, besides those contained the additional affidavit filed by the petitioner today, we direct that all the FIRs…be transferred and clubbed for the purpose of investigation by Delhi Police,” the bench ordered.

In its order dated July 19, the court had already granted Sharma protection from arrest, but she pointed out in a fresh application that more FIRs were registered against her. Granting the relief, the court added that Delhi Police should ensure that the first FIR registered in Maharashtra, and the one registered by the IFSO unit are investigated together by clubbing the other FIRs with them.

Counsel for the West Bengal government requested the apex court to set up a special investigation team to inquire into the matter, but the court said, “Since IFSO of Delhi Police appears to be a specialised agency, it shall be appreciated if all the FIRs are investigated by the said unit”. “The IFSO as a specialised investigating agency shall be at liberty to collect…any information any if so required for the purpose of reaching to a logical conclusion,” it added.

The bench also rejected West Bengal’s request that the investigation be monitored by the court. The court said its directions “shall also extend to any other FIR/complaint which may be registered/entertained against the petitioner…in respect to the same subject matter…and in that event, the investigation of the FIR or complaint to be registered in future shall also stand transferred to the IFSO unit of Delhi Police for the purpose of investigation.”

On July 1, while refusing to entertain her plea to club the FIRs registered against her in different states with the one in Delhi, the same Supreme Court bench had come down heavily on the suspended BJP spokesperson, saying she had a “loose tongue” and was “single-handedly responsible for what is happening in the country”, including the murder of a tailor in Udaipur for allegedly sharing her remarks.