[BREAKING] Supreme Court grants interim protection from arrest to Nupur Sharma; issues notice on plea to quash/ club FIRs

The Supreme Court on Tuesday granted interim protection from arrest to former BJP spokesperson Nupur Sharma in various first information reports (FIRs) registered against her in different parts of the country for her remarks about Prophet Muhammad [NV Sharma v. Union of India]..A bench of Justices Surya Kant and JB Pardiwala issued notice on Sharma's plea to quash the FIRs or in the alternative club different FIRs and transfer the same to Delhi. "This matter be listed on August 10, 2022. Copies of main writ be also forwarded along with notice to respondents. Serve through dasti notice and through standing counsel. Meanwhile, as an interim measure it is directed that no coercive shall be taken against Nupur Sharma," the bench ordered.The Court said that it will explore the option of allowing Sharma to move one of the High Courts to quash all FIRs. "The petitioner had approached this court to quash all FIRs registered against her. Since her prayer of quashing can be granted by High Court in exercise of powers under Article 226, this court on July 1, 2022 relegated petitioner to avail alternate remedy. The petitioner has now filed a miscellaneous application pointing out inter alia that it has become impossible for her to avail the alternate remedy granted by this court and that there is an imminent necessity to protect her life and liberty as guaranteed under article 21," the Court noted in its order.In this regard, the Court noted that another FIR has been registered against her in West Bengal and the Kolkata police has issued look out circular which will lead to immediate arrest and consequential denial of relief by not approaching High Court. Hence, in light of these instances the court said that it will examine how to enable the petitioner to avail alternate remedy.The Court, therefore, issued notice to the States of West Bengal, Uttar Pradesh, Delhi, Maharashtra and Telangana in order to explore the option of allowing Sharma to approach one single High Court to challenge all FIRs."In order to explore such modality let notice be issued to respondents," the Court said while issuing notice and granting interim relief to Sharma. .Sharma had earlier moved the top court praying that the first information reports (FIRs) registered against her in different parts of the country for her remarks on Prophet Muhammad, be transferred to Delhi. However, the same bench which heard the matter today, had on July 1, refused to entertain the plea and made strong remarks against her.The bench had remarked that Sharma was single-handedly responsible for fanning flames across India and should apologise to the whole nation."The way she has ignited emotions across the country. This lady is single-handedly responsible for what is happening in the country. We saw the debate on how she was incited. But they way she said all this and later says she was a lawyer, it is shameful. She should apologise to the whole country," Justice Kant had said.Sharma had then proceeded to withdraw her plea. She then filed the present application seeking revival of the earlier petition..When the matter was taken up for hearing today, Senior Counsel Maninder Singh, appearing for Sharma, contended that she has been receiving threats."There is real threat to life. there are reports that someone was travelling from Pakistan to kill her and some were apprehended in Patna who were planning to execute me," Singh said.The Court then said that it did not have the intention last time to send Sharma to different High Courts."We never wanted you to go everywhere. May be we could not convey this or you did not," the bench remarked."There are ever increasing serious threat to life. We have seen in past how these situations pan out. Whatever has happened has happened. I had to withdraw... now another 3 to 4 FIRs have been registered. You are protector of Article 21," Singh contended.The Court then proceeded to grant interim protection to Sharma..Below are the 9 FIRs registered against Sharma in four States – Delhi (1), Maharashtra (5), West Bengal (2) and Telangana (1).1. Pydhonie Police Station, Mumbai, Maharashtra (May 28)2. Cyber Cell Police Station, Hyderabad, Telangana (May 30)3. Mumbra Police Station, Thane, Maharashtra (May 30)4. Bhiwandi, Thane, Maharashtra (May 30)5. Kondhwa Police Station, Pune, Maharashtra (May 31)6. Narkeldanga Police Station, West Bengal (June 4)7. Delhi Police IFSO, New Delhi (June 6)8. Nanalpeth Police Station, Parbhani, Maharashtra (June 13)9. Amherst Police Station, Kolkata, West Bengal