The petition had also sought for withdrawal of judicial work from Justice Sen and expunging the controversial observations.
New Delhi: The Supreme Court on Monday issued notice to the Registrar of Meghalaya high court on a petition seeking to expunge the comments made in a judgment that India should have been declared a Hindu Rashtra.
A Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna sought the high court’s response in respect of a judgment delivered by Justice S.R. Sen observing that “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.”
In a petition Sona Khan and others contended that the judgment by Justice Sen is “legally flawed and historically misleading”. The observations made by the judge violated the citizenship law and made a case for India as a country of and for Hindus. The petition had also sought for withdrawal of judicial work from Justice Sen and expunging the controversial observations. The Bench while refusing to entertain the plea for withdrawal of judicial work to Justice issued notice to the high court registry seeking its comments to a December 12 judgment relating to refusal of Domicile Certificate to an Army recruit.
Justice Sen said, “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 government rehabilitation 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 West Bengal Chief Minister Mamataji will support the national interest in all respect.” The petitioners wanted the comments to be expunged. Eom.