New Delhi (Agency) — They alleged that the comments made by the two judges — Justices Surya Kant and Justice J.B. Pardiwala — were unfortunate and unprecedented, and the top court surpassed the ‘Laxman Rekha’ and called for urgent rectification steps.
The statement said: “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 security of the country.”
The veterans said they 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.”
It further added that observations are not in sync with the judicial ethos. These observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.
The veterans said that through such observation, perceptually, there is the 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… 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,” said the three-page open statement. They said Sharma was de facto denied access to the judiciary, and in the process, there was an outrage on the Constitution’s Preamble, spirit and essence.
The veterans said the legal fraternity is bound to be surprised at the observation that an FIR should lead to arrest. Without noticing the comments on other agencies in the country, they are worrisome and alarming. “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,” added the statement.
Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed. On July 1, the apex court slammed Sharma for her controversial comments.
The statement said the allegations constitute only one offence for which separate prosecutions (FIRs) were launched. Article 20 (2) of the Constitution prohibits prosecution and punishment more than once for the same offence. “Article 20 falls under Part III of the Constitution and is a guaranteed fundamental right. The Supreme Court, in several cases, including Arnab Goswamy vs Union of India (2020) and T.T. Anthony vs the State of Kerala, laid down the law that there can be no second FIR. Consequently, there can be no fresh investigation concerning the second FIR on the same issue. Such action is violative of fundamental rights as guaranteed under Article 20(2) of the Constitution”, it said.
“Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of the land,” it added.
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