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India Should Have Been Declared A Hindu Country: Meghalaya High Court.

India Should Have Been Declared A Hindu Country On Partition, Says Justice SR Sen of Meghalaya High Court.

Gagan Lama | HENB | Shillong | Dec 13, 2018::  A senior judge of Meghalaya High Court stirred controversy after he wrote a judgement that said India should have been declared a “Hindu country.” Since Partition of the subcontinent, during Independence, was done on the basis of religion, “Pakistan declared that it was an Islamic country… India should also have been declared a Hindu country…,” Justice  Sudip Ranjan Sen said on Monday, while disposing off the plea of one Amon Rana who was denied a domicile certificate by the state government.

The judgment which has been delivered in a case pertaining to domicile certificate, has been authored by Justice SR Sen. The Court in its judgment has also stated that India should have been declared a Hindu country during the partition though it chose to remain a secular nation.

The judgment begins by stating that the difficulties faced by the residents to get the Domicile Certificate and the Permanent Residence Certificate have become “a great issue today”.

Calling the ongoing National Register of Citizens (NRC) process defective, Justice Sen said “The present NRC process is defective as many foreigners become Indians and original Indians are left out which is very sad.”

He also made a request to the Prime Minister and Home Minister to correct the NRC process and bring a uniform law for the citizens. “Nobody should try to make India as another Islamic country, otherwise it will be a dooms day for India. I am confident that only this government under Narendra Modiji will understand the gravity, and will do the needful,” he said.

The same will have to be examined “since the inception of India (Bharat Barsh)”, the Court states. The judgment then proceeds to examine history and partition of India with the judge stating that he will fail in his duty otherwise.

“I am of the view and that I will fail in my duty if I do not project the original India and its partition.”

The Court in its judgment requests the Prime Minister, Home Minister, Law Minister and Members of the Parliament to enact a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in India peacefully and to grant them citizenship.

“Therefore, I request our beloved Prime Minister, Home Minister, Law Minister and Hon’ble Members of the Parliament to bring a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in this country peacefully and with full dignity without making any cut off year and be given citizenship without any question or production of any documents. Similar principle should be taken to those who live in Pakistan, Bangladesh and Afghanistan. They may be allowed to come at any point of time to settle in India and Government may provide rehabilitation properly and declare them citizens of India. Similar principle to be adopted for those Hindus and Sikhs who are of Indian origin and presently residing abroad to come to India at any time as they like and they may be considered automatically as Indian citizens. This Court expects that the Government of India will take a conscious decision to protect the innocent Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan and who are yet to come as well as from abroad as they have the same right to come to India as Indian citizens…

Therefore, I can simply say that the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos residing in India which ever date maybe, they have come to India are to be declared all as Indian citizens and those who will come in future also to be considered as Indian citizens.”

The Court has simplified the historical plight of Hindus of the sub-continent in three paragraphs.

India was one of the largest countries and “commanded by Hindu Kingdom”. Thereafter, “Mughal” came and many conversions took place. Then came the British. Subsequently, partition happened during which lakhs of Hindus and Sikhs were killed, tortured and raped.

The account of the judgement comes in this way:

“As we all know that India was one of the largest country in the world and there was no concept of Pakistan, Bangladesh and Afghanistan. They were in one country and was commanded by Hindu Kingdom but thereafter the Mughal came to India and captured the different parts of India and started ruling the country and at that point of time many conversion took place by force.

Thereafter, the English people entered India in the name of East India Company and started ruling over India and were torturing the Indians so ultimately the independence movement started and India got its independence in the year 1947 and India was divided into two countries; one was Pakistan and the other was India.

It is an undisputed fact that at the time of partition, lakhs and lakhs of Sikhs and Hindus were killed, tortured and raped and forced them to leave their forefather’s property and compelled them to enter India to save their lives and dignity.”

The Court then makes the statement that while Pakistan was declared an Islamic country, India was declared a secular country though it should have been declared a Hindu country since the partition was on the basis of religion.

“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 judgment then goes on to refer to various books relating to killing of Hindus during partition. A good part of the judgment is dedicated to extracts from such books including “My People Uprooted: The Exodus of Hindus from East Pakistan and Bangladesh”, written by Tathagata Roy, now Governor of Meghalaya.

Justice Sen confessed frankly the influence of such books upon him to deliver such judgement in  such way:

“After reading those books, it really pains and hurts me and therefore I feel that I will fail in my duty if it is not brought to the notice of the common people and Government of India.” 

In continuation, Justice Sen adds in his 37 pages judgement (you can download the full judgement from here Meghalaya-High-Court-judgment. India should be a Hindu Nation):

“Nobody should try to make India another Islamic country, otherwise it will be a doomsday… I am confident that only this government under 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 judge also said that India must have uniform law for all citizens and anybody opposing the country’s laws and Constitution “cannot be considered a citizen of the country”.

“I also request the Government that a uniform law should be made for all Indian citizens and they are bound to abide the law of the country and constitution. Anybody opposing the Indian laws and constitution, they cannot be considered as citizens of the country. We must remember that first, we are Indians, then good human beings and thereafter comes the community we belong.”

“However, I am not against my Muslim brothers and sisters, who are residing in India for generations and abiding Indian laws, they should also be allowed to live peacefully,” the judge said.

In a sharp retort, Asaduddin Owaisi, the Lok Sabha lawmaker from Hyderabad said, “What sort of judgement is this? Will the judiciary and the government take note of this?” Mr Owaisi accused the judge of attempting to spread hatred.

In a tweet Owaisi told: 1. Judge should know that Secularism is Basic Structure Of Constitution which his judgment has violated 2. Lordship should know Judgments are not shown to PM of the day 3. Not Fit to be Judge,Sctt must start in-house proceeding’s  4. Collegium -How did they select such a person.

“India will not become an Islamic country. India will remain a plural and secular country,” Mr Owaisi told news agency IANS.

In his reaction, Upananda Brahmachari, eminent Hindu interlocutor and Editor of Hindu Existence website, welcome the judgment for its concept and reality. But, he criticized the loss of neutrality of it as the judgement as urged the personal interference of PM Modi and WB CM Mamata Banerjee.

“Justice Sen has created a history by being the first one in the Judiciary to speak the truth. If the partition took place on religious basis and two nation theory, what is the difficulty in rectify some of the blunders made by some British stooges in creating the division of country and if the portions of the country that were separated can establish themselves as Islamic republic, then why we the Hindus in India can’t reclaim itself as a virtual Hindu republic?” Brahmachari told HENB.

Hitting out the stand of AIMIM leader Asaduddin Owaisi against the Judgement of Justice Sen, Brahmachari told HENB, ” Assaduddin and his brother Akbaruddin are two most communal faces in India. They run a Muslim Unity Council in India (i.e. All India Majlis-e-Ittehadul Muslimeen) on a very communal and fundamental line and they are talking about Secularism very ridiculously. Every citizen of Indian know Asaduddin’s voice to deny to chant Vandematarm and Bharat Mata ki Jai and Akbaruddin’s voice to finish Hindus within 15 minutes if police is withdrawn. They are most communal leaders and their Islamic party can’t be a secular anyway.”

Criticizing the “Secular” insertion in the Indian Constitution, Brahmachari added, “The words: ‘Secular’ and ‘Socialism’ were inserted in the preamble of Indian constitution by then Prime Minister Indira Gandhi during black days of emergency. Indira Gandhi somehow wanted to finish the Hindu character of India and tried to match up India in a hypocritical socialist overtone. As, preamble is an unchangeable part of Constitution as per various SC judgement, the related 42nd amendment of Indian Constitution inserting ‘Secular’ and ‘Socialism’ in the preamble must be re-amended to get the preamble in its original shape.”

Supporting the views of NRC as reflected in the judgement of Justice Sen, Brahmachari expressed his high concern as many Muslim foreigners become Indians and original Hindu Indians are left out in the faulty NRC process which is nothing very sad and dangerous.

“Govt of India must start NRC in every state in right manner to expel all infiltrators from India and accommodate all genuine Indians and give citizen rights to all Hindu refugees in India to retain India as a virtual Hindu Rashtra,” Brahmachari emphasized.

__inputs from Bar and Bench/IANS.

 

One comment on “India Should Have Been Declared A Hindu Country: Meghalaya High Court.

  1. Subodh Kumar
    December 14, 2018

    Farmers income can only be doubled only by Cow based Organic Agriculture. Cow Dung & cow Urine will provide the best organic fertilizers at no cost. Farmer’s own produce will be healthy and Organic, that will fetch the farmer more money. His seed will also be his own produced & free. The soil microorganism will remain healthy and reduce the need for artificial irrigation. Farmers should not feel forced to grow only ‘Cash Crops’ such as Sugarcane or Paddy, under unnatural farming conditions aided by extra irrigation & bought chemical fertilizers. Our farmers are not feeling free to go back to the tradition of Crop Rotation. India with tropical climate has three or more crops annually. Soil does not need much fertilizers under crop rotation. Whereas Europe has a monoculture of only one crop in their Summer season. Ask Dr. Swaminathan today what he thinks about his ‘Green Revolution’.
    Encouragement of Cow keeping by the farmers has never received the attention it should. Take Chattisgarh, the maximum number of cows per capita was in Chattisgarh 15 years ago when Raman Singh took over. Instead of promoting natural breeding by good Bulls and developing more pasture lands, they preferred to provide artificial insemination and prepared feed instead of free pasture self-feeding by cows.
    Problem with our Central Govt is that it is under the clutches of western ‘miseducated Veterinary and Agriculture securocracy. India was world guru when we had a cow-centric Agriculture.

    Like

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