Allow Cookies!
By using our website, you agree to the use of cookies
On Friday, the Supreme Court issued a notice to the Meghalaya High Court in a PIL explain the controversial statements made in its judgment that India should have been declared Hindu Rashtra at the time of the partition. The question was heard by a Bench of Chief Justice of India headed by Justice Ranjan Gogoi and Justice Sanjiv Khanna. In the petition filed by lawyer Ashutosh Dubey, the petitioners argued that the judgment authored by Justice Sudip Ranjan Sen is legally erroneous and historically misleading, with the judge making Islamophobic comments and committing excessive judicial power. The function of a judge is to limit himself to the question at hand and respond to it in the context of the law and the Constitution says the petition. However, the petition contends that the observations made by the judge violate the law of citizenship and makes a case for India as a country of and for Hindus.
Referring to the suggestions in the judgment to enact laws to grant citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khashi, Jaintias and Garos who come from Pakistan, Bangladesh and Afghanistan, the petition states that the judge himself opposes Article 15 of the Constitution, which prohibits discrimination on the grounds of religion.
The petitioner made, among other things, the following prayers:
1) Expunction of the observations in the judgment to the effect that the NRC process being carried out is defective.
2) The cancellation of the direction in which the Hindus, the Jains, the Sikhs, the Buddhists, the Parsis, the Christians, the Khashi, the Gargos from Pakistan, Bangladesh and Afghanistan be granted citizenship without the production of any documents.
3) Quashing of the observations in the judgment on the “brazen communal view” on the partition by Justice Sudip Ranjan Sen.
4) Caution Justice Sudip Ranjan Sen to refrain from making such controversial judgments in the future and refrains from reflecting personal affiliation to any political party in his decisions.
86540
103860
630
114
59824