In a shocking judgment enough to ignite communal flame across the country, a Meghalaya High Court judge has said that India should have declared a Hindu country at the time of independence.
The Meghalaya High Court has urged the Prime Minister, Home Minister, Law Minister and the parliamentarians to enact laws 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 and to be given citizenship, according to a report that appeared in barandbench.com, an Indian legal news portal.
The judgment which has been delivered in a case pertaining to domicile certificate, has been authored by Justice S R Sen.
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’, stated the report.
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 report quoting Justice Sen stated.
The Court has simplified the history of the sub-continent in three paragraphs as per the report.
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 report quoted the judge.
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.
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.
The Court clarifies that it is not against ‘Muslim brothers and sisters’ who are residing in India for generations and abiding Indian laws and they should also be allowed to live peacefully.
However, the government should make ‘a uniform law’ for all Indian citizens and anybody opposing Indian laws and Constitution cannot be considered as Indian citizens, stated the judgment as per the report.
The judgment then goes on to express faith in Prime Minister Narendra Modi whose government alone will do the needful to prevent India from being an Islamic country, the report stated.
Interestingly, the Court states that it is confident that “our Chief Minister Mamata Banerjee will support the national interest.”