Prophet Remarks Row : Supreme Court Transfers FIRs Against Ex-BJP Leader Naveen Kumar Jindal To Delhi Police, Refuses To Extend Relief To Future FIRs

Senior Advocate Geeta Luthra appeared on behalf of the now-expelled BJP leader. Relying on the orders passed by the Court in the cases of Nupur Sharma and Navika Kumar, who were also embroiled in the Prophet remarks controversy, the senior counsel urged the Court to grant Jindal protection against coercive steps and direct the transfer of all the FIRs filed against him in different parts of the country to Delhi Police. The police complaints, Luthra argued, were substantially similar and ought to be clubbed together.

Additional Solicitor-General Vikramjit Banerjee, appearing on behalf of the investigating agency, readily agreed to the proposal, apprising the Bench of the headway already made by the investigating team in Delhi. Banerjee said, "The same tweet, the same Twitter handle is being investigated. What is seen in Delhi, is also seen in Kolkata." Luthra chimed in, "And in Bombay as well."

The bench , however, refused to pass a "general and vague order" in relation to future complaints. Justice Shah categorically said, "We will not pass an order directing that all FIRs registered in the future with respect to this issue will also stand transferred to Delhi Police. We will transfer only those cases which are pending and no other cases." Interestingly, in the Navika Kumar case, another Division Bench led by Justice M.R. Shah had directed the investigation of all subsequent FIRs or complaints registered against the Times Now anchor in respect of the same May 2022 Newshour Debate to also be transferred to the IFSO unit of Delhi Police.

On the "aspect of safety and security" agitated by Luthra, Justice Shah said, "There is no apprehension at all. We have only granted protection where the threat perception was pointed out. You can write an application if you want. We do not want to give such a privilege to the accused."

The bench pronounced the order as follows : "Considering the fact that the respective complaints of the FIRs which are sought to be transferred to New Delhi are arising out of the same tweet by the same Twitter handle, and also taking into consideration the order passed by this Court on September 23 in Navika Kumar v. Union of India, we dispose of the present writ petition [with the direction that] all FIRs/complaints are ordered to be transferred to the IFSO unit of Delhi Police…"

Apart from that, a direction was issued specifying the lead case in the investigation. The Court also granted Jindal protection against "coercive action" for a period of eight weeks to enable him to approach the Delhi High Court for appropriate relief.

The expelled member of the ruling party came under the public scanner in June for making certain remarks on Twitter about Prophet Mohammad which triggered widespread protests in the country. The comment also drew international condemnation from Islamic countries like Qatar, Kuwait, and Iran. The Bharatiya Janata Party expelled Jindal soon after his controversial tweet. Several FIRs were also lodged against him in various parts of the country for allegedly hurting religious sentiments.

Case Titles

Naveen Kumar Jindal v. Union of India [W.P. (Criminal) No. 315/2022]