Team News Riveting
Raipur, July 7
A group of prominent persons in Chhattisgarh under the banner of In Search of Justice (ISJ) has urged the Chief Justice of India to withdraw the oral observations made by a Bench against suspended BJP spokesperson Nupur Sharma for her remarks on Prophet Mohammed.
State’s well-known lawyers, academicians, doctors, retired bureaucrats and chartered accountants join the league of groups across the country writing letter petition addressed to Chief Justice of India NV Ramana urging comments made by a Bench of Justice Surya Kant and Justice JB Pardiwala should be declared “uncalled for” and withdrawn.
In the letter sent to the CJI, the group said it did not support the version of Nupur Sharma but the comments of the judges on the issue were disturbing conscious of the whole country. The judges through their comment held that she is responsible for igniting emotions across the country. All these comments were passed without a trial and without she being held guilty by any court. The comments are against the knowledge of justice, jurisprudence, constitution and rule of law, the letter said.
ISJ added that it is pertinent to submit whether these kinds of retaliations are permissible under the law. The judges appear to be saying that all riots, stone pelting and burning the properties of the state get justified in relation to that allegedly irresponsible statement of her. Further, if at all a crime is committed under section 294A, a fair trial is warranted which is essential in a democratic state like India where even Ajmal Kasab, a Pakistani terrorist got opportunity for a fair trial and refusing this to her and passing oral judgments which has the potential to attract the decision which is likely to be taken in future in this case when the matter reaches the courts below.
“Hence, the repercussion in this matter is too high even in the legal parlance which should have been avoided. There is no point in making any comment when they are not part of the court order,” ISJ Secretary Advocate B Gopa Kumar said. “Therefore, it is earnestly prayed that the honourable Chief Justice may kindly look into the matter and all oral observation may be ordered to be removed from the public domain for the interest of justice,” he added.
The ISJ questioned can the judges travel beyond the relief claimed in the petition? She has not sought to quash the FIR but to club it and transfer it on account of the threat she has been getting. The letter added that whether out of context oral comment is essential and such a practice is needed to be stopped for the interest of justice is the big question asked and need of the time.