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A Supreme Court bench of Justices Surya Kant and JB Pardiwala today refused to a entertain plea by suspended BJP leader Nupur Sharma, seeking transfer of FIRs registered against her in many states to Delhi for investigation.

The court, while dismissing the plea, remarked that Nupur Sharma is single handedly responsible for what has happened in the country.

When the matter came up for hearing, Justice Surya Kant questioned as to why the plea has been filed under a deceptive name.

Maninder Singh, Sr. Adv, appearing for Sharma informed the court that, Sharma is under threat.

Justice Kant retorted saying, “She should apologise to the whole country for what she has done. We saw the statement made by her on TV.”

Singh argued today that all the FIRs arise out of a single event and they should all be investigated together.

The bench was however refused to entertain the plea. Singh therefore sought permission to withdraw the plea and pursue alternate remedy.

Singh argued that the original FIR was filed in Delhi and all the other FIRs should be transferred there as well.

Justice Kant replied saying that Sharma chose to participate in the TV debate on a matter that was sub-judice (referring to Gyanvapi Shivling case) . The court further remarked "What is the business of TV Channel to discuss a case that is pending consideration, excepting for promoting agenda?" Maninder Singh, Sr. Adv, replied to this by submitting that Sharma was provoked and the comments she made were in response to the provocation. Singh added that Sharma did not intend to flare up this controversy. He argued that, in the TV Debate, it was frequently repeated that the Shivling was a fountain and she was merely responding.The bench remarked "She should have filed an FIR against the TV anchor then."

The top court further said that Sharma's statement was responsible for the unfortunate killing in Udaipur.

Singh further argued that no person will be free to speak, if such a position is maintained. Singh took the court through judgments in Arnab Goswami’s case to argue that journalistic freedom needs to be protected.

Justice Kant held that the principles of the judgment would not apply to Sharma’s case. The judge further asked Sharma to approach the High Court.

Background:

Nupur Sharma, while speaking live in a TV debate, on the Gyanvapi Mosque issue, made certain comments on Prophet Mohammed, which triggered a row. BJP, the party which she belonged to, subsequently suspended her and another party leader - Naveen Jindal amid controversy over the comment.

Case Title: Nupur V Sharma vs. Union of India