Constantly receiving life threats, Nupur Sharma tells SC, refers to Udaipur & Amravati incidents

Suspended BJP spokesperson Nupur Sharma, who has sought the revival of her plea for protection from arrest and clubbing of FIRs lodged in several states over her remarks on the Prophet, has told the Supreme Court that she is constantly receiving life threats that cannot be treated as ''empty'' in view of the incidents at Udaipur and Amravati.

The application came up for hearing on Tuesday before a bench of Justices Surya Kant and J B Pardiwala, which granted interim protection from coercive action to Sharma in connection with the FIRs/complaints filed against her in several states over her remarks on the Prophet made during a TV debate show.

While issuing notice to the Centre and the concerned states on the application, the bench also protected her from coercive action in the FIRs/complaints which may be registered or entertained in the future about the May 26 telecast.

Sharma, who has filed an application urging the apex court to hear her plea on merits, said that during the hearing on the petition on July 1, the apex court had made certain oral observations and was of the view that she should approach the jurisdictional courts or the respective high courts.

''It is respectfully submitted that during the course of the hearing, however, this court was also pleased to make certain oral observations/remarks. Such remarks are very widely reported and circulated in the electronic media, print media, and social media,'' it said.

''In the most humble and respectful submission of the applicant (Sharma), such strong observations and remarks, though oral and verbal, would have an inevitable, though unintended consequence that no other court exercising the jurisdiction will exercise it in favour of the applicant,'' it said.

On July 1, the same bench severely criticised Sharma for her controversial comments against the Prophet, saying her ''loose tongue'' has ''set the entire country on fire'' and that she is ''single-handedly responsible for what is happening in the country''.

In her application, Sharma said, ''The statement/references made by the petitioner were subsequently publicly withdrawn by the petitioner in good faith.'' The application said the July 1 observations were reported not just in Indian media but also abroad.

''Further, social media has no geographical barriers and resultantly, the applicant is having a very bona fide and genuine apprehension of not being able to get any relief from the jurisdictional courts spread over to the entire country,'' it said.

It said there is imminent danger and threat to the applicant's life and safety which could not be placed for consideration by the court on the day when the plea was heard.

''It is respectfully submitted that the applicant has been constantly receiving threats to her life both publicly and privately. Such threats cannot be treated as empty threats in view of the horrendous incident which took place in Udaipur and Amravati, for which the applicant can never be held responsible,'' the application said.

A tailor in Udaipur was brutally murdered by two men, who had posted videos online claiming that they were avenging an insult to Islam.

Pharmacist Umesh Kolhe was killed in Amravati on June 21, allegedly for sharing a post supporting Sharma.

In her application, Sharma said after the July 1 order permitting withdrawal of the plea, one more serious incident had taken place where a person, claiming to be a ‘Khadim' of Ajmer Dargah, had circulated a video calling upon every Muslim to cut her throat.

''It is submitted that it is clear from such incidents and the seriousness of the threats that are being constantly made against the applicant that no amount of security, either provided locally or provided through Central forces, would be enough to protect the applicant in case she is required to travel to various parts of the country in order to join the investigation,'' it said, adding that several such instances have been coming to light after July 1.

It said Sharma was facing two FIRs in West Bengal at the time of filing of plea and it has come to her knowledge that three more FIRs have been lodged there.

''It is submitted that there is a large number of serious life threats that the applicant has been receiving from the state of West Bengal and in light of the statements made by the chief minister of West Bengal, the apprehension of the applicant/petitioner is fully justified that it would be completely unsafe for the applicant to go the West Bengal and have recourse to the jurisdictional courts in the state of West Bengal,'' it said.

The application said Kolkata Police has issued a lookout circular on July 2 against Sharma which would deprive her of her right under Article 21 of the Constitution.

Sharma said considering the very nature of prayers made, no court other than the apex court has the jurisdiction to grant relief of consolidating/ quashing FIRs pending before various high courts.

''….if this court is satisfied that the apprehension of the applicant in not being able to take recourse to justice in other fora is hampered due to the oral observations made by this court and if this court's conscience is satisfied that the applicant’s right under Article 21 is in fact under a serious threat along with breach of Article 14, 19 and 20, this court would have no procedural limitation or inhibition in passing an appropriate order in this application …,'' it said.

It has urged the court to allow Sharma to withdraw her request to withdraw the plea, as recorded in July 1 order, and to hear the matter on merits.PTI ABA MNL SJK ABA RKS RKS