The Supreme Court bench headed by CJI Ranjan Gogoi today issued notice to the Registrar of Meghalaya High Court in a petition seeking to expunge the comments made in a judgment that India should have been declared a Hindu Rashtra.
The controversy pertains to the judgment passed by Justice S R Sen of Meghalaya HC, where he remarked "Pakistan declared themselves as an Islamic country and India since was divided on the basis of religion should have also been declared as a Hindu country but it remained as a secular country"
The plea filed by Sona Khan and others contended that the judgment authored by Justice Sen is "legally flawed and historically misleading". The observations made by the judge violates the citizenship law and makes a case for India as a country of and for Hindus, the petition said.
The petition had also sought for withdrawal of judicial work from Justice Sen. But the bench headed by CJI was not inclined to entertain this prayer last week, and suggested that the petitioners seek expunction of controversial remarks instead.
Justice Sen's remarks came in a December 12 judgment relating to refusal of Domicile Certificate to an army recruit.
Delivering the judgment, Justice SR Sen added, "India achieved independence through bloodshed and the worst sufferers were the Hindus and Sikhs who had to leave their forefather's property, birth place with tear and fear and we will never forget that. However, I will not be wrong to mention that when the Sikhs came, they got the rehabilitation from the Government but the same was not given to the Hindus.
"Therefore, it is not correct that Indian independence is by non- violence, but it is through violence wherein the Hindus and Sikhs in terms of lakhs, sacrificed their life, property, land and livelihood."
The judge then showed faith in the Modi government 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."
The court further appealed to the Prime Minister, Home Minister, Law Minister and Members of the Parliament to pass a law allowing Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos from Pakistan, Bangladesh and Afghanistan to be allowed to become citizens without production of any documents.