At today’s hearing, Kaul at the outset submitted,
“All the offences in Nupur Sharma case have also been transferred to Delhi. I was only the anchor.”
Justice Shah replied, “No, no. all cases cannot go to Delhi.” Kaul then pointed out that all the FIRs were for the same telecast and more complaints will be filed at this rate and they would have to move different courts for quashing.
Solicitor General Tushar Mehta, appearing for the Union, Jammu & Kashmir, Maharashtra, and Delhi governments, supported this. “Yes. Logically they should go to the same [State/police]“.
Kaul then cited precedent to state that the top court has held that complaints arising out of the same offence are to be clubbed.
Justice Shah refuted this by stating that in the Arnab Goswami judgment only one case was set aside. The judge then gave the example of a deposit scheme fraud, where each depositor’s case would be different.
Counsel for West Bengal, advocate Ravinder Singh, sought time to put a formal affidavit on record with details of the FIRs filed in other States.
As the hearing drew to a close Justice Shah orally said,
“It’s good they have not asked for quashing all complaints but only transfer“. Kaul asked that interim protection like in the case of Sharma be considered.
Source: Barandbench
