In India, the Supreme Court holds a very respectable position. Its directives have always been a stone of rigidity. But recent incidents have put Court’s final judicial authority under scrutiny. Now, Veterans and former Judges have come forward to question the unsolicited lecture to Nupur Sharma by Justice Surya Kant and Justice JB Pardiwala.
Open letter to the Supreme Court
On 4 July, a group of former High Court Judges, retired bureaucrats, and military veterans wrote an open letter to the Supreme Court. It came with an urge to reconsider their unsparing observations against suspended BJP spokesperson Nupur Sharma. The veterans criticized their remarks by saying that they were not “in sync with judicial ethos” and crossed the “Laxman Rekha”.
As tweeted by ANI, the open letter included numerous signatories among which 15 were retired judges, 77 retired bureaucrats, and 25 retired Armed Forces Officers. It was further sent to CJI NV Ramana. The letter read, “The unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy.”
An open letter has been sent to CJI NV Ramana, signed by 15 retired judges, 77 retd bureaucrats & 25 retd armed forces officers, against the observation made by Justices Surya Kant & JB Pardiwala while hearing Nupur Sharma's case in the Supreme Court. pic.twitter.com/ul5c5PedWU
— ANI (@ANI) July 5, 2022
In addition, the veterans also remarked that the emotions of the judges came out so extensively that it “diluted the barbaric dastardly beheading in Udaipur. Pronouncing Nupur Sharma guilty without trial and denial of access to justice can never be a facet of a democratic society.” A true deleverance of justice and democracy cannot function on emotions.
Read more: Dear Supreme Court, at least listen to your ex-colleagues
What did Justices Surya Kant and Pardiwala say?
The honourable judges of the Supreme Court are dignitaries of the highest authority. Their opinions are a guiding light for the people working towards increasing the penetration of democracy. Their plaintive remarks hinders the trust that the Indian citizens hold over their honourable judges.
By commenting on the Udaipur brutal beheading incident, Justices Surya Kant and JB Pardiwala accused Nupur Sharma of the barbaric incident. They said, “loose tongue has set the entire country on fire and the outcome is the unfortunate incident which happened at Udaipur.”
The Justices’ remarks out-flowed after Nupur appealed to the court for a transfer of all her cases to Delhi for investigation. She claimed that she is continuously receiving threats to her life. However, her plea was rejected by the court.
Countering her claim to face threats, Justice Surya Kant opined that she is not getting any threats rather “she has become a threat”. He also put Nupur Sharma under the scanner by saying that whatever is happening in the country is because of her. “This lady is single-handedly responsible for what is happening in the country.”
Read more: ‘Nupur Sharma’s loose tongue has set the country on fire,’ Supreme Court
Justice Dhingra too criticized Justices Kant and Pardiwala
The veterans and former judges are not the only ones who have criticized the illegitimate remarks by the SC judges. Previously, Justice Dhingra had also lambasted the honourable judges for their “intellectual comments”. He stated that even Supreme Court cannot hold someone guilty without an investigation.
Justice Dhingra also affirmed that Nupur Sharma was in the Court just to club the multiple number of FIRs filed against her. Whereas, the Judges lectured her about the internal security of the country. “If the Supreme Court had guts, it would have given those comments as a part of the written order,” added Justice Dhingra
Threat to Judiciary’s legitimacy
As mentioned by Justice Dhingra, the opinions of any judge can be reflected in his judgments. This seems true with the recent claim of the Supreme Court. There are various eminent individuals in the country who have disregarded the connection of Nupur Sharma with the Udaipur killing.
The Supreme Court often becomes a blessing in disguise for people seeking justice. But the controversy is making it lose the shine. Comments on Nupur Sharma were unwarranted and they were not even relevant to the appeal made by her.
These comments have rightly been condemned. Through this, the judges have not only raised a question about their credibility among peers, but they have also dragged the Indian Judiciary system under the loop.
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