If Court Had Courage, It Would Have Recorded Its Observations In The Order: Justice S.N. Dhingra On SC's Remarks

Coming down heavily on the Supreme Court for its oral remarks against Nupur Sharma, Justice S.N. Dhingra, former judge of the Delhi High Court said that, had the Court had courage, it would have recorded its oral observations in its written order.  

"Without any enquiry, no one can be declared guilty. The matter before the Supreme Court was for the transfer of FIR, not for establishing the guilt of Nupur Sharma. I don't understand how Supreme Court can make such oral remarks. If the Supreme Court had courage, it would have passed a written order. Why did the Supreme Court only write that the petition is dismissed as withdrawn in its written order?", the former Judge said during a television interview given to News24.

He also said that had the Supreme Court given its comments in its written order, the Court could have been shown a mirror and asked what power it has to hold someone guilty without a trial.

The Bench of Justice Surya Kant and Justice J. B. Pardiwala had dismissed Nupur Sharma's plea stating that the Petitioner is "permitted to withdraw the present writ petition with liberty to avail the alternate remedies available under the law", after making controversial remarks on the merits of the case against Sharma.

Justice Dhingra used strong words to criticize the Court and said, "It sends a wrong message to the whole country that the Supreme Court is intoxicated in power and no one is going to stop it from saying whatever it wants". 

"The Court also asked Nupur Sharma why she did not approach the Magistrate. Supreme Court in numerable cases has bypassed the Magistrate and the High Court to hear petitions of rich people. Not just that it hears such petitions, it hears such cases at 12 in the night" Justice Dhingra said. 

Justice Dhingra also said that it was a political speech from the Supreme Court and that everything that the Court said is wrong.  

In an interview given to India TV, Justice Dhingra called the remarks irresponsible and capable of prejudicing the other Courts in the Country. "Making such remarks is not just irresponsible, it is illegal and inappropriate," he said.

He said that the Supreme Court is not above the law and the law requires framing charges and examination of witnesses before holding someone guilty.  

"If the Judges are asked to come to a Court and give evidence on how the remarks of Nupur Sharma were capable of inciting people, the Judges of the Supreme court will have to appear and explain before Court about how they made their remarks. If I were a judge of the Trial Court, I would have called these Judges to come and give evidence on Nupur Sharma's statement as to what and why it is wrong and how you view its impact", Justice Dhingra said.