Why Nupur Sharma is not arrested yet is a question asked by common masses as well as the opposition leaders.But before knowing the reasons restraining her arrest, let’s briefly understand the matter.
Brief summary of the case.
On 22nd May, Nupur Sharma, now an ex- spokesperson of BJP appeared on a TV News channel for a debate over gyanvapi mosque matter. But she ended up making outrageous remarks on Prophet MUHAMMED and Hazrat AISHA.
Her remarks hurt the religious sentiments of Muslims, not just Muslims sharma was strongly criticized by all people of a secular mindset and consequently and lawfully many F.I.R’s were filed at different places including Mumbai, Hyderabad, Delhi etc. F.I.R was filed in Mumbai’s Pydhonie police station on 28th May, on 30th May, Maharashtra’s Mumbra police station and Hyderabad police station also registered the F.I.R against sharma. Multiple F.I.R’s were registered against her ,but no arrest was made by the police, neither there was any apologies from her person, nor any condemnation by her political party about her remarks until 5th June.Only after the intervention of the Arab States in this matter as her remarks infuriated them also ,Sharma got suspended from the party for 6years along with Naveen Jindal who got expelled (the media head of the Delhi unit of BJP) for making same derogatory remarks on twitter which were made by sharma during the TV debate.
Intervention by Arab States in this matter was unexpected, but nations like Qatar ,Kuwait and Iran strongly condemned the issue and called upon Indian Ambassadors and demanded and apology.Indian Goods were put to a boycott in Saudi Arabia. It could have caused damage to Indians living in gulf countries.As a result, BJP issued a public statement in which it separated itself from its spokespersons declaring them fringe elements and said that “It respects all religions and is against any ideology which insults or demeans any sects or religion.” Nupur Sharma also made a public apology.
Charges leveled against Sharma
Nupur sharma is booked under following sections 295 (A) (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 153 (A) (B) (punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc of any particular group or class or upon the founders and prophets of a religion), 298 ( deliberate intention of wounding the religious feelings of any person) and 505 (statements conducing to public mischief) of the Indian Penal Code.
Widespread protest has been witnessed by masses in cities like Delhi, Saharanpur, Ranchi, Howard, Mumbai etc urging arrest of Nupur Sharma. Political leaders such as Mamata banerjee, Asaduddin Owaisi, KTR Rama Rao, Thirumalavavan have also demanded arrest of Sharma stating that why should innocent Indians living in gulf countries suffer because of loose act of any politician in India.
Why Nupur Sharma is still not Arrested?
Whenever any person who is booked under the above mentioned sections ,neither the police officer has the power to arrest such person without arrest warrant nor the Magistrate has a power to issue arrest warrant against such person ,but only after the permission granted by the State government or Central government to do so, Arrest warrant can be issued against such person as per the provisions of section 196 of Crpc. The other reason why she still has not been arrested be police wants to investigate the matter more and hear her side of story too.
A notice has-been issued under section 41A of CRPC on Nupur sharma by Thane Police to appear before them and record her statements over the issue for investigation purpose on 22nd June.She is also summoned by Mumbai police to appear in pydhonie police station on the 25th June.
Why Nupur Sharma is not getting arrested?
Section 196 of CrPC is acting as a shield to her which says that accused cannot be arrested without the permission of central or state govt if the accused is booked under section 295A,153A, 298 and 505 of IPC, 1860.