Avoidable Conundrum: SC bench ‘s remarks come under fire in Social media

By : Amit K Vyas: FCS, LL.B

(Views expressed herein are strictly personal)

The Hon’ble Supreme Court of India ( S.C)??is the guardian of the largest democracy and?has delivered brilliant judgments in the favour of the rights of the people, thereby furthering the cause of justice. The Hon’ble S.C?is a very dynamic interpreter of Constitutional provisions. Today, the common man knows only one thing about the Highest Court - the ultimate temple of justice, the upholder of Constitution, the upholder of fundamental rights. Quote the Hon'ble CJI N.V Ramana "People know if things go wrong , the Judiciary be with them ".

However, he had also cautioned Judges against being swayed.

"A judge must remember: even if justice commands standing up against the popular perception, he must do so out of his commitment to the oath he took under the Constitution. A judge cannot be swayed by popular opinion. Yes, with increased public gaze, he might become a subject of multiple debates, (but) that should never deter him from his duty to protect the right of one against the might of many. Always remember, as a repository of people’s faith, a judge cannot afford to lose objectivity.”

This is exactly the satrap?which surrounds the recent verbal outburst by a Division?bench of Justices Surya Kant and J. B Pardiwala of the S.C against?Nupur Sharma ( sacked ?Spokesperson ?of the ?BJP) while dismissing her petition for transfer of all FIRs against her to Delhi?are a matter of serious concern .

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?As the facts go :

1. Nupur Sharma allegedly made remarks on Prophet Mohd ‘s marriage to a 9-year-old girl at a media forum. It is on record that she had not proactively or deliberately made those remarks,?but she merely reacted to a very provocative comment made by another speaker from the minority community on a particular media forum.
2. The entire Muslim community in India was outraged and supported by petitions and protests by other Muslim countries in form of petitions to the Govt of India. The Central Govt succumbed??to pressure and sacked Nupur Sharma as the official spokesperson of the party.?
3. The remarks were picked up selectively. As expected a large number of Jihadis/fanatics from the minority community ( with support and provocation from across the border and many Islamic countries )?are on fire, demands for beheading Nupur for the blasphemy are being made at public forms, during rallies, during press and media interviews , numerous fatwas have been issued by maulvis and maulanas to bring her head and bounties are being offered for anyone who kills her.?FIRs have been filed across the whole country so that she is compelled to make physical appearance and become a potential and vulnerable?target for giving?effect to one of the fatwas.
4. Religious frenzy soon picked up momentum with over whelming support over social media from fanatics within India and?from across the border. On 28th June 2022 two jihadis hacked to death Kanhaiya Lal, a poor tailor in Rajasthan's Udaipur, with a cleaver at his shop before posting videos online saying that they were avenging an insult to Islam. And what was his crime – he had supported Nupur Sharma’s comments on social media. These killers are reported to have been influenced by radical outfits in Pakistan and we can see the perverted pleasure on their faces while proudly claiming that they killed Kanhaiya Lal for insulting?their highly revered Prophet.

Nupur in the meanwhile approached the S.C with a?plea was that since there were multiple first information reports (FIRs) registered against her, the same should be consolidated into a single FIR to be investigated by Delhi Police.

In all 9 FIRs registered were registered against Nupur Sharma in four States – Delhi (1), Maharashtra (5), West Bengal (2) and Telangana (1).?The plea also said that FIRs have been registered against Sharma in Assam, Karnataka, Rajasthan, Andhra Pradesh, and Uttar Pradesh. The petition said the FIRs contain baseless allegations which are not borne from the broadcast aired on the news channel. The plea further contended that the FIRs were filed in quick succession in different parts of the country showing the ill-motive of the cases. Besides, none of the ingredients of the offences charged against the petitioner were made out thus making it a fit case to quash the FIRs. Hence, it sought quashing of FIRs. In the alternative, the plea prayed for clubbing of FIRs. The petition said that different FIRs in various States will lead to duplicity of proceedings and cause unnecessary harassment to the petitioner. In this regard, the judgments of the Court in?Satinder Singh Bhasin?and?TT Antony?cases were cited.

The plea by Sharma evoked strong reaction from the bench which rebuked Sharma for fanning communal flames across the country.

The division bench of the S.C rejected Sharma's request to transfer all the FIRs registered against her in many states for her alleged remarks on Prophet Mohammad, to Delhi for investigation and instead passed some damning , and doubtlessly extremely negative remarks . Let us look at the remarks ( made verbally but not recorded in writing)

“Nupur Sharma and ‘her loose tongue has set entire country on fire,’ should apologise to the nation

"Her outburst is responsible for an unfortunate incident." and while referring to the Udaipur incident, where two men murdered a tailor

"What has Delhi police done? Do not make us open our mouths? What was the TV debate for? Only fan an agenda? Why did they choose a sub judice topic?" said Justice Surya Kant slamming Nupur Sharma's plea.

Justice Surya Kant stated, “The way she has ignited emotions across the country… This lady is single-handedly responsible for what is happening in the country.

The Court in this regard did ask petitioner about the status of Delhi Police FIR.?“She has joined probe,"?Senior Counsel Maninder Singh, who was appearing for Sharma, said." Then what happened? There must have been red carpet for you. A red carpet!"?the bench remarked.

?In other words, the Bench made it clear that it is her fault that she spoke in a manner that ‘provoked’ the Islamists of this country and all the Muslims around the world.

Whether Nupur Sharma’s alleged remarks on Prophet Mohd offended religious sentiments or not?is a matter for the criminal court to decide since it has to consider?the background in which she made the comments , whether they were factually correct and the underlying intention for making such remarks etc .It is on record that she had not proactively or deliberately made those remarks , but was in reaction to a very provocative comment made by a speaker from the minority community on a particular forum.?The Division Bench’s remarks could seriously impair and influence the criminal court(s) which would deal with the FIRs and investigation.?It is hoped that steps are taken by legal experts representing Nupur to get the?extreme remarks of the Division bench expunged, and a different bench considers Nupur Sharma’s petition for transfer of FIRs to Delhi , on merits and on basis of previous S.C laid down precedents?to ensure an unbiased investigation by the Police and a fair trial??and also direct measures to protect her life. THERE IS A SERIOUS THREAT TO HER LIFE.

The impact ( as expected) of such negative?remarks from the highest Court in India?has given?readymade?ammunition and RDX in the hands and mouths of the Jihadis .Pakistani news channels are flooded with comments from Shariah law experts who are showering praises on the brave Judges of the S.C of India who have rightly castigated blasphemist Nupur Sharma. While the pseudo and hyper secular political leaders have jumped on the scene to demand arrest of Nupur, the Jihadis are still baying for her head.

Such extreme remarks have also resulted in embroiling the highest court of India into massive controversy and ruthless criticism over social media with insinuations and aspersions being cast on the integrity of the Hon’ble Judges. There are demands on social media to impeach the Judges for vitiating the atmosphere. ?Many ex- Judges of High Court have on record criticized the said remarks on legal grounds. While I do not agree with the personal attacks on the integrity of the Hon’ble Judges?,?it is rather painful and unfortunate that such remarks have been made by the highest Court in India ?at a time when the environment in the country is already vitiated with Jihadi and venomous mindsets always on short fuse and ready to explode against any reform for a progressive India.?

It is respectfully submitted that the Hon'ble Judges seem to have simply turned nelson's eye to the following facts ( which every naked eye in India can see and which every true Indian heart can feel) :

(i)?That?the Jihadis??are simply not ready for reform?,?but want to remain fixated in the centuries old traditions , customs and beliefs (using the ruse of fundamental right of religious freedom) which are regressive and pose a serious threat to other communities living peacefully;

(ii)?We have in the last few years seen enough?violent resistance , shameless damage to public property, disruption of normal life, stone throwing, anti-India sloganeering , hate posts against?a particular religion on social media?, on the smallest pretext -??be it introduction of CAA, be it banning Hijab for school going girls , be it banning triple talaq, be it restricting high decibel?polluting azaans through loud speakers,?be it the exposing the truth?of Gyanvaapi mosque?,?be it restriction on foreign?funding of Madrassas?,?be it throwing out illegal Bangladeshis or the Rohingyas?, be it banning cow slaughter or be it any reform measures to bring all communities into common fold. We have witnessed sinister campaigns to boycott ‘non halal’ labelled products , banning participation in Yoga camps??(labelled as being an un-Islamic practice)?and prohibiting members of a community from buying or renting residential properties in Ghettoised colonies to name a few.

(iii) And all this is not new,?have we not seen the several Bomb blasts targeting one community across the country over the years,?All these terrorist acts were successfully planned and engineered by outsiders and implemented with active support of some fanatic insiders. It is on record that?our own countrymen?who got trained by radical outfits in Pakistan carried out the attacks , as a part of jihad or holy war ;

(iv)Since Independence, plenty of poison has been spread , publicly spoken, and written against Hinduism and Hindu Gods. Crores have been converted on basis of false propaganda or by threats of the holy sword.?However, we are yet to come across instances of slitting throats or bomb blasts or launching holy?war against the very sovereignty of India ;

(v) India faces?a serious threat of “Ghazwa-e-Hind “?or the call of the Caliphate to wage Jihad ( holy war) against India which is a country of infidels or Hindu Kafirs and to bring the country into Islamic rule. There are tons of maulvis, maulanas, Jamaats and Lashkar in this country who have been voluntarily, consciously, and willingly radicalized by their brothers across the border. They believe their religious text has superiority over the Indian Constitution . The Constitution of India has no value or place in their mindsets or in their hearts and the Indian Tricolour is rarely seen fluttering across the?mini–Pakistani Ghettos?dominated by such fanatics??in almost?every city of India.?The real threat this country faces is not only from the enemies across the border but from those Indians who have treacherous anti-India adrenalin flowing through their blood streams encouraged by their brain chemicals thoroughly?soaked in religious fundamentalism;

(vi)?It seems any step to introduce the Uniform Civil Code ( as enshrined in our Constitution) would lead to a civil war ( rather a full-fledged holy war or?Jehad)?for interference in religious affairs of the minority community. For them the only remedy is the Shariah

It has been rightly remarked by?Mr Arif Mohammad Khan , Hon'ble Governor of Kerala?that???"Children are being taught in madrassas that punishment for blasphemy is beheading,"?

As true Indians , we all can only wonder -?Are we?living in progressive India or some Talibanized?Afghanistan or radicalized Iran or worse the failed Islamic State of Pakistan which proudly manufactures jihadis. ?

Time to take firm steps to crush Jihadism /fanatism

(a)?Sterner laws?and ruthless enforcement:-?Also it is high time for the Central Govt?to enact a legislation similar to?TADA to deal with the Jihadis with an iron hand and crush the roots of fundamentalism. We have lots to learn from what Israel has practiced since decades-?crush anything which threatens your country’s sovereignty- irrespective of their financial power?superior numbers, religious frenzy, or world opinion. At one point of time, the entire Muslim world wanted to finish off Israel , but then by their sheer patriotism Israelis have defeated such forces .

(b)?Stem the rot and nip the problem in the bud- Shun appeasement and control the Madrassas:-?The fact is that such violence emanates from the very heart of ?a particular religious sect. It is well-grounded in a systematic and elaborate theological reasoning and has an unquestioned jurisprudential sanction at its back. It is the core component of the Madrassa curriculum and shapes the religious common sense of the society, according to which, it is a duty of every Muslim to make his religion victorious, by persuasion if possible, or by force if necessary. According to?the compendium of Sunni Hanafi Fiqh to which the majority of Indian Muslims belong, Jihad is defined as a war against those who did not answer the call of Islam. This book is one of the basic texts in every Madrassa. Thus, though a particular act of religious violence by some Muslims is formally condemned by most other Muslims, the ideology behind it is never questioned.?That is why their condemnation lacks conviction, and they have not been able to build a credible counter-narrative against Jihadism.

Disparaging the character of Prophet Muhammad is considered the highest form of blasphemy, even higher than the denial of God. According to all the four mainstream schools of Sunni jurisprudence, and also the Shia Jafari one,?the punishment for blasphemy is death.?

Therefore, the teaching of theology has to be supervised and regulated by the state. In most Muslim countries, Madrasas are under the State control.?There is no reason this should not be the case in India too.?The Madrasa curriculum needs to be redesigned according to the contemporary?requirements.?Portions of the syllabus?that?instil?in the minds of the students a sense of religious supremacism should be replaced with that aspect of Islam which promotes humanism, pluralism, patriotism, peace, and harmony.?Furthermore, for Islam to be at home in India, madrasas must have courses on Indian culture and tradition. A study of other religions, beside one’s own, would produce better Indian Muslims than the present sub-sectarian structure of madrasas allow. For any reformation in Islam, reform of madrasa is essential. More than science and mathematics, madrasas need humanities.

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Shouldn't there be introspection within the Judiciary ?

Most importantly and most critically some serious self-introspection by some Hon'ble Judges is the need of the hour. It is respectfully submitted that ?private opinions and beliefs , particularly in such sensitive matters need to be kept aside. We talk about the paramount need for an Independent Judiciary , but then independence also includes??a self-reflective, self-introspective and consciously?aware Judiciary?for a truly peaceful and progressive India.?The Hon’ble Judges cannot be oblivious to the?so clear and so apparent?growing tendency of anti -India?communal mindsets and the disturbing events which are?injuring the secular fabric of India.

?The motto of the Indian Supreme Court, ‘Yato Dharmastato Jaya’, that is, ‘Where there is dharma, there is victory’, MUST BE UPHELD in letter and spirit and there can be no?exceptions?for anyone- whether for the law makers or for those in the judiciary.?