'Transgression, Overreach and Overshooting': Lawyer Sai Deepak on SC's Remarks Against Nupur Sharma

Terming the Supreme Court’s remarks blaming former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma for the killing of Kanhaiya Lal in Udaipur “transgression, overreach and overshooting”, Supreme Court counsel Sai Deepak said during a debate on CNN-News18 that the SC should stay within the Constitutional boundaries.

The SC bench was hearing Sharma’s application to transfer all cases against her in different states to Delhi as her “life is in danger due to constant threats”.

Sharma said that she is constantly receiving threats to kill her from different states.

“BJP leader Nupur Sharma is single-handedly responsible for what is happening in the country,” the Supreme Court said, adding, “her loose tongue” has not only “set the entire country on fire”, but she is also responsible for the unfortunate incident in Udaipur.

“The way she has ignited emotions across the country, this lady is single-handedly responsible for what is happening,” said Justice Surya Kant.

Referring to her apology and withdrawal of comments on Prophet, the apex court bench said it was too late in the day to withdraw. “On her complaint a person was arrested, but despite multiple FIRs, she has not yet been touched by Delhi police,” the court added.

“This is a textbook instance of victim blaming and shaming. She was denied legitimate relief from multiple litigations. Denial of transfer to single jurisdiction exposes her to illegal harassment. It is problematic. The outcome is not the problem with the petition. The remarks are pre-judging an issue on merits and should not have been made. A single remark will have chilling effect on free speech,” said Deepak.

He added that since it was not carried on record, there is no question of expungement, but they could impact the lower courts when Sharma’s cases come up for hearing.

“There is zero nexus between comments and the relief sought. It was not for the SC to decide…The comments were beyond powers…” said Deepak.

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