Home News AIBA urges CJI not to take note of letter plea seeking withdrawal of adverse remarks against Nupur Sharma

AIBA urges CJI not to take note of letter plea seeking withdrawal of adverse remarks against Nupur Sharma

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AIBA urges CJI not to take note of letter plea seeking withdrawal of adverse remarks against Nupur Sharma

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The All India Bar Association (AIBA) has written a letter urging Chief Justice of India (CJI) NV Ramana not to take cognisance of a letter petition which has sought withdrawal of adverse remarks made by a Supreme Court bench against suspended BJP leader Nupur Sharma.

A vacation bench of Justices Surya Kant and J B Pardiwala had on July 1 severely reprimanded Sharma for her comments against Prophet Mohammed, saying her “loose tongue” has “set the entire country on fire” and that she was “single-handedly responsible for what is happening in the country”.

Refusing to entertain Sharma’s plea for clubbing FIRs lodged in various states against her for the remarks, the bench had said they were made either for cheap publicity, political agenda, or some nefarious activities.

The letter petition has been filed by Delhi resident Ajay Gautam, who claims to be a social activist, urging the CJI to issue appropriate orders or directions… To withdraw their observations in the matter of Nupur Sharma so that Nupur Sharma gets a chance of fair trial.

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AIBA, through its chairperson – senior advocate Adish C Aggarwala- has written to the CJI to not take cognisance of any letter or petition filed seeking withdrawal of those adverse remarks.

During the course of hearing of any matter, the judges engage with the counsels. They don’t maintain sphinx-like silence. While engaging with counsel, it is natural for judges to open up and make observations and suggestions.

The question of expunging observations, even if irrelevant, shouldn’t arise since these remarks are only observations without any precedential value, the bar body said in the letter to Ramana.

The letter said AIBA appreciates the views expressed by the Hon’ble Judges, since the offending remarks were made by a seasoned leader and a lawyer.

The AIBA’s letter to Ramana came on a day when a group of 15 former high court judges and bureaucrats demanded that the Supreme Court recall its observations against Sharma, alleging that the court crossed the “Laxman Rekha” while making comments that are an “indelible scar on the justice system of the largest democracy”.

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