T. R. Singh should move SCI to protect his freedom of expression & liberty and for directing GoI to constitute Tribunal for NOC in such cases. By Hem Raj Jain

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The BJP Member of Legislative Assembly (MLA) T. Raja Singh was arrested and his political party BJP suspended him due to his alleged derogatory remarks against Prophet Muhammad in some what repeat of remarks by Nupur Sharma in May 2022 as reported at https://www.ndtv.com/india-news/case-against-bjp-mla-t-raja-singh-over-prophet-remark-protesters-call-for-arrest-3277712 and https://indianexpress.com/article/india/arrest-bjp-suspends-telangana-mla-t-raja-singh-nupur-sharmas-comments-prophet-8107034/  . This Nupur Sharma controversy not only resulted in protests in Muslim world across the globe but even triggered Jihadi sentiments in some Muslims which resulted in murder of Kanhaiya Lal in Udaipur, Rajasthan in June 2022. Hence this matter should be looked into and decided by taking a holistic approach by the Supreme Court of India (SCI).

It is not merely the case of T. Raja Singh or Nupur Sharma but in India in the name of blasphemy or hurting religious sentiments etc has become so notorious that many people (including Muslims) are unnecessarily harassed by way of arrests, police / judicial custody and even sentencing in cases which in other civilized democracies are considered as legitimate right of the people about their freedom of expression & liberty.

In India also the Constitution protects the right of expression guaranteed under Article 19 and right of life and liberty under Article 21 but in the name of reasonable restrictions such victims are harassed and arrested. In such a situation in order to reach a balance between fundamental right of free expression & liberty on one hand and genuine blasphemy laws etc on the other hand, T. Raja Singh should move the Supreme Court of India (SCI) under Article 32 read with Articles 19, 21, 141, 142 and 144 of the Constitution to direct the Government of India (GoI) in the interest of complete justice to constitute a ‘National Tribunal’ (with branches in States) which will give 'No Objection Certificate' (NOC) which will be necessary before filing the FIR in police or for filing cases in the court or for taking cognizance by court, for such alleged offenses.

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