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Retired judges, bureaucrats condemn SC's remarks on Nupur Sharma; pen open letter to CJI

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Retired judges, bureaucrats condemn  SC's remarks on Nupur Sharma; pen open letter to CJI
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New Delhi, 5 July: A group of retired judges, bureaucrats, and members of the armed forces sent an open letter to Chief Justice of India (CJI) NV Ramana on Tuesday, condemning the Supreme Court bench's observation of "surpassing the Laxman Rekha" while hearing former BJP spokesperson Nupur Sharma's case, calling the remarks "unfortunate and unprecedented."



15 retired judges, 77 retired bureaucrats, and 25 retired armed forces officials signed a letter to CJI Ramana criticising Justices Surya Kant and JB Pardiwala, who heard Nupur Sharma's case. "We, as Concerned Citizens, do believe that the democracy of any country will remain intact till all the institutions perform their duties as per the constitution. Recent comments by the two judges of the Supreme Court have surpassed the Laxman Rekha and compelled us to issue an open statement," the letter read. The Supreme Court slammed suspended BJP spokesman Nupur Sharma on Friday, saying her outburst was to blame for a tragic incident in Udaipur in which a tailor was murdered.

The Supreme Court went on to criticise the suspended BJP leader, saying that she and "her loose tongue" set the entire country on fire and that she is solely responsible for what is happening in the country, and that she should "apologise to the entire country." In response to the Supreme Court's order, the group stated, "Unfortunate and unprecedented comments emanating from the two-Judge Bench of the Supreme Court-Justice Surya Kant and Justice J. B. Pardiwala, while being seized of a petition by Nupur Sharma, have sent shockwaves in the country and outside. The observations, simultaneously relayed by all news channels in high decibel, are not in sync with judicial ethos. By no stretch these observations, which are not part of the judicial Order, can be sanctified on the plank of judicial propriety and fairness. Such outrageous transgressions are without parallel in the annals of Judiciary."

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"Perceptionally the observations- Nupur Sharma is adjudged with severity guilty in a proceeding where this was not an issue at all - Reflection-she is "single-handedly responsible for what is happening in the country" has no rationale. By such observation perceptionally there is a virtual exoneration of the dastardliest beheading at Udaipur in broad daylight. The observations also graduate to the most unjustifiable degree that this was only to fan an agenda," the letter further said. It went on to say that the legal fraternity is bound to be surprised and shocked at the observation that an FIR should lead to arrest adding that the observations on other agencies in the country, without notice to them, are indeed worrisome and alarming.

"In the annals of the judiciary, the unfortunate comments have no parallel and are an indelible scar on the justice system of the largest democracy. Urgent rectification steps are called for as these have potentially serious consequences on democratic values and the security of the Country. Emotions have flared up extensively on account of these observations that in a sense dilute the barbaric dastardly beheading in broad daylight in Udaipur - a case under investigation. The observations, judgmental in nature, on issues not before the Court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on the issue raised in the petition, can never be a facet of a democratic society," the group stated.

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