The Controversial Judgment passed by Single Bench of Justice S R Sen of Meghalaya High Court observing that India ought to have been declared a "Hindu Rashtra", has been set aside by the Division Bench in appeal.
The Division Bench Observed the issue in the the writ petition was very simple i.e. whether the petitioner was entitled to the domicile certificate. But the single bench "travelled beyond the pleadings" in making the observations. "The observations and directions being not inconformity with law, in-consistent with constitutional principles and being superfluous in the context of the memo of writ petition and provisions of the Constitution shall have to be ignored, as such shall be treated as non -est", said the bench.
Justice Sen, who retired last March, had also had made an appeal to Prime Minister Narendra Modi to protect India from becoming another Islamic country, observing, "I make it clear that nobody should try to make India as another Islamic country, otherwise it will be a dooms day for India and the world. I am confident that only this Government under Shri. Narendra Modiji will understand the gravity, and will do the needful as requested above and our Chief Minister Mamataji will support the national interest in all respect."
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