J&K Human Rights Forum demands withdrawal of remarks made by SC Judges against Nupur Sharma | Jammu News


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Supreme Court of India. (File image)

JAMMU: Expressing anguish and pain over indiscreet remarks of Justice Surya Kant and Justice JB Pardiwala while dealing with the writ petition filed by Nupur Sharma, J&K Chapter of Forum for Human Rights and Social Justice (FHRSJ) urged the Chief Justice of India to ask the judges to withdraw their unconstitutional remarks.
“We the members of the Forum for Human Rights and Social Justice, J&K, and Ladakh at Jammu which has been conducting its activities for social harmony and justice, do feel utmost pain and agony by the conduct and remarks made by the Justice Surya Kant and Justice J B Pardiwala, while dealing with the writ petition filed by Nupur Sharma seeking transfer of all the FIR’s as lodged against her to Delhi to face the trial”, the Forum stated in a letter written to Chief Justice of India.
In its communiqué to Chief Justice of India, the forum observed that indiscreet remarks made by the judges are against the spirit of the Constitution of India and fair trial under criminal jurisprudence.
“Justice Surya Kant has forgotten the principles as laid by the Hon’ble Apex Court that justice should not only be done but seem to have been done, concept to give a free and fair trial, but by making the remarks and observations against the Nupur Sharma, thus has biased the mind of the subordinate judiciary including the Hon’ble High Courts of the country”, the Forum pointed out.
It is further observed that the remarks and observations made by the judges have deprived Nupur Sharma of a free and fair trial which is a basic human and fundamental right.
“Constitution of India which is supreme, the same is equally applicable to the Judges making the remarks, who cannot consider themselves above the law. By making the remarks and observations orally, judges have considered themselves above the law and the observations as made by the bench, in our opinion, would help justify the acts of the accused persons involved in the ghastly and inhuman act of murdering a man in Udaipur, Rajasthan and another and then brandishing their act and these remarks and observations made by the judges against Nupur Sharma may give further rise to such incidents and tension in the society.”
The Forum demanded that the biased mindset with which these observations were made needs to be dealt with at the end of CJI and the forum further prayed that upholding the utmost respect towards the institution and to keep the flag of justice flying high, the roaster of the Justice Surya Kant be withdrawn till he attains superannuation and least be directed to withdraw the remarks and observations made by him during the hearing of the writ petition filed by Nupur Sharma.
Signatories of the statement include Advocate S S Nanda (Trustee Forum for Human Rights & Social Justice); Justice (Retd.) Sunil Hali; Subhash Gupta (Retd District Judge); Maj Gen (Retd) S K Sharma; Lt Gen (Retd) R K Sharma; Brig (Retd) Balbir Singh Sambyal; Smt Nirmal Sharma (Retd IAS); S P Vaid (former DGP, J&K Police); C M Seth (Retd IFS); Sudarshan Sharma (Former Director General, DRDO); Col (Retd) Sukhbir Singh; Leela Karan Sharma (Sr Advocate, J&K High Court); U K Jalali (Sr Advocate, J& K High Court); Abhinav Sharma (Sr Advocate, J&K High Court); Prof (Dr) K. L Bhatia (Former Dean Faculty of Law, University of Jammu); Anurag Gangal (Prof Retd University of Jammu); Dr Satyadev Gupta (President Jammu Doctors Forum); Rajeev Gupta and Lalit Gupta ( both Chartered Accountant).

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