New Delhi: On December 10, the Meghalaya High Court passed a decision on a petition relating to refusal of Domicile Certificate to an army recruit, which was filed by Amon Rana. A Single Judge Bench comprising Justice SR Sen heard the petitioner.
The Court said in the judgement, “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… 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.”
Tracing the events leading up to the Partition of India, Justice Sen observed, “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.”
In the statement, parts of which were quite hostile and discriminatory, the Court said, “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.” The judgement further went on to praise the current government of the country, as Justice Sen stated, “I am confident that only this Government under Shri Narendra Modiji will understand the gravity, and will do the needful as requested above.” He opined, “NRC process in my view is defective as many foreigners become Indians and original Indians are left out which is very sad.”
In conclusion of the judgement, Justice Sen said that necessary steps should be taken to “bring a law to safeguard the interests of the Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Jaintias, and Garos who have already come to India and who are yet to come from Pakistan, Bangladesh and Afghanistan as well as persons of Indian origin who are residing abroad taking their historical background… This court expects that Government of India will take care of this judgement in the historical background and save this country and its people.”
Even though his remarks paint the Muslims as a hostile community, a community whose mere existence threatens the security of the country, Justice Sen ironically clarified, “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.”
In an overt display of nationalistic ideals, the judgement states, “We must remember that first, we are Indians, then good human beings and thereafter comes the community we belong.”
Coming from a judge of the High Court of a state, this judgement certainly raises a lot of questions about the current judicial system of the country, in the mind of the ordinary citizen.