The Supreme Court of India has accepted a petition by former BJP spokesperson Nupur Sharma to merge all the FIRs filed against her at various places in the country and transfer them to Delhi. A bench of justices Surya Kant and JB Pardiwala, the same bench that had earlier refused the same plea and blamed Nupur Sharma for the violence and beheadings by Islamists, today had a change of heart while hearing the petition which was again submitted by her.
The Supreme Court bench cited the earlier order of the apex court directing merger of all FIRs against Alt News cofounder Md Zubair and transfer of cases against him to Delhi, saying the bench will follow the steps taken by the bench in the Zubair case. While the bench of justices Surya Kant and JB Pardiwala had earlier made unwarranted verbal comments against Nupur Sharma blaming her for the murder of Kanhaiya Lal in Udaipur, today the bench said that they will not go into the merit of the cases against Nupur Sharma, as the plea is only on the merger and transfer of FIRs filed for the same allegation.
The Supreme Court considered the threats that Nupur Sharma continues to receive for her comments made on Times Now in June while taking the decision.
While the bench had made its intention to merge the FIRs and transfer them to Delhi at the outset itself, the West Bengal govt strongly opposed it. Senior Advocate Menaka Guruswamy representing West Bengal said that the state suffered the most as a consequence of the comments of Nupur Sharma, therefore the cases against her should be transferred to Kolkata.
Guruswamy argued that the accused can’t be allowed to select jurisdiction, and assured that the WB govt will provide enough security to Sharma. When the court rejected the prayers, the WB govt counsel then proposed setting up a joint SIT. Guruswamy also argued that Nupur Sharma’s comments had triggered the violence, but the court refused to go into the matter of the case.
Rejecting all the arguments of the WB govt, Justice Surya Kant said that the bench had a change of mind due to threats to Nupur Sharma. Court noted that while the first FIR against Nupur Sharma was filed in Maharashtra and therefore all other FIRs should be merged with the Maharashtra FIR, the court is taking the decision to transfer the FIRs to Delhi.
Bench : We direct that all the FIRs be transferred and clubbed for the purpose of investigation to Delhi Police. The Delhi Police shall ensure that the first FIR (of Maharashtra) along with FIR dated 8 June are investigated together by clubbing the other FIRs in different parts
— Live Law (@LiveLawIndia) August 10, 2022
The Court also noted that the first FIR in the matter was actually filed in Delhi by Nupur Sharma after she had started to receive threats for her comments on Prophet Mohammad, and there is merit in transferring the cases to Delhi. ‘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 and the FIR which may be registered against her in future,’ the bench said.
Issuing the order, the Supreme Court bench said, ‘Since this Court has already taken cognizance of the serious threat to the life and liberty of the petitioner and specific instances thereto have been cited in our previous order, we direct that all the FIRs be transferred and clubbed for the purpose of investigation to Delhi Police’. The bench also directed the Delhi Police to ensure that the first FIR filed in Maharashtra along with the FIR filed against Nupur Sharma on 8 June are investigated together by clubbing the other FIRs in different parts of the country.
The court also said that the interim order dated July 19 granting relief to Nupur Sharma will continue. The same bench of the court had issued the order granting protection from arrest to Nupur Sharma.
Responding to the demand of SIT, the court said that the IFSO of Delhi which had filed the FIR against Nupur Sharma is a specialised agency and it will be appreciated if the investigation is done by it. The bench added that IFSO will seek assistance from other states if required.
The court further clarified that in case more FIRs are filed against Nupur Sharma for the same allegation in future, such FIRs will also be covered by today’s order, and such FIRs will also be transferred to IFSO of Delhi police.
