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Prophet Remarks: Delhi Police to Probe all Cases Against Nupur Sharma as SC Clubs FIRs

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Nupur Sharma Law Insider

Aastha Thakur

Published on: 12 August 2022 at 21:32 IST

The Supreme Court directed that all existing and future FIRs against suspended BJP spokesperson Nupur Sharma for her remarks on the Prophet should be clubbed together and transferred to the Delhi Police.

The Bench of Justices Surya Kant and J B Pardiwala also gives adequate extension of interim protection from any coercive action to BJP spokeperson till Intelligence Fusion and Strategic Operations (IFSO) unit of the Delhi Police completes its investigation.

Multiple FIRs have been filed against Spokeperson Nupur Sharma across the country, for her alleged remarks on the Prophet during a TV show on May 26.

Before this on July 1, the SC Bench denied the petitioner plea to club all the FIRs filed against her, and also blasted upon her, saying “she is single-handedly responsible for what is happening in the country.”

However, later on July 19, bench granted her interim protection from “coercive action”, and stated that it unnecessary for Sharma to go to “every court” to seek relief in the cases.

The bench stated, “Since this court has already taken cognizance of a serious threat to the life and liberty of the petitioner, and specific instances in relation thereto have been cited in our previous order dated July 19, 2022, besides those contained in the additional affidavit filed by the petitioner today, we direct that all the FIRs…be transferred and clubbed for the purpose of investigation by Delhi Police,”

Sharma’s counsel submitted that it is utmost important to consider the threat to her life, while submitting plea to club all the FIRs with the one registered in Delhi.

The defence counsel Guruswamy insisted to set up an SIT to probe the matter with members from different forces.

But the bench said that “since IFSO of Delhi Police appears to be a specialised agency, it shall be appreciated if all the FIRs are investigated by the said unit”.

“The IFSO, as a specialised investigating agency, shall be at liberty to collect… any information if so required for the purpose of reaching a logical conclusion,” it said.

Another contention regarding monitoring of investigation directly by SC was not appreciated. The Court gave reasoning that it just put undue and undesirable pressure on the investigative agency.

“Investigative agencies should have complete faith, trust and independence, and dispassionate atmosphere for investigation.”

The bench said that the directions “shall also extend to any other FIR/ complaint which may be registered/ entertained against the petitioner… in respect to the same subject matter… and in that event, the investigation of the FIR or complaint to be registered in future shall also stand transferred to the IFSO unit of the Delhi Police for the purpose of investigation”.

On Sharma’s plea that the FIRs be quashed, the court said she should approach the Delhi High Court.