A group consisting of 15 retired judges of various high courts, 77 retired bureaucrats and 25 retired armed forces officers have issued an open statement saying that 'unfortunate and unprecedented comments' were made by a two-judge bench of the Supreme Court comprising Justice Surya Kant and Justice J.B. Pardiwala, while hearing a petition by former BJP spokesperson Nupur Sharma.
The statement said the observations, simultaneously relayed by all news channels in high decibel, are not in sync with the judicial ethos and by no stretch, these observations, which are not part of the judicial order, can be sanctified on the plank of judicial propriety and fairness.
The retired judges and bureaucrats said Sharma was de facto denied access to the judiciary and in the process, there was an outrage on the Preamble, spirit and essence of the Constitution.
"The observations, judgmental in nature, on issues not before the court, are crucification of the essence and spirit of the Indian Constitution. Forcing a petitioner by such damning observations, pronouncing her guilty without trial, and denial of access to justice on an issue raised in the petition can never be a facet of a democratic society", added the statement.
Sharma had moved the top court seeking clubbing of FIRs, registered in various parts of the country, into one FIR at Delhi in the matter connected with her remarks against the Prophet Muhammed.
"Such an approach of the Supreme Court deserves no applause and impacts the very sanctity and honour of the highest court of the land", it added.