The Division Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued a notice to the Registrar of the Meghalaya High Court on a petition by Sona Khan and others seeking expunction of Justice Sen’s remarks that India should have been declared a Hindu Rashtra as the country’s partition in 1947 was on religious lines and Pakistan became an Islamic nation.
The petitioner described the High Court judgment as “legally flawed and historically misleading.”
Justice Sen made the remarks on December 12 while delivering the verdict in a case related to refusal of domicile certificate to an army recruit.
In the verdict he had said, “Pakistan declared itself 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 a secular country.”
“India achieved independence through bloodshed and the worst sufferers were 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 Sikhs came, they got the rehabilitation from the government but the same was not given to Hindus,” his judgment said.
It further said, “Therefore, it is not correct that Indian independence is by non-violence, but it is through violence wherein Hindus and Sikhs in terms of lakhs, sacrificed their lives, property, land and livelihood.”
The judgment had also expressed faith in Prime Minister Narendra Modi to protect India from becoming another Islamic country. It said, “I make it clear that nobody should try to make India another Islamic country, otherwise it will be doomsday for India and the world. I am confident only this government under Shri Narendra Modiji will understand the gravity, and will do the needful as requested above.”
The CPI-M had on December 14 condemned Justice Sen for making what it termed communal observations and said he had lost the moral right to be a judge.
“The CPI-M condemns in unequivocal terms the recent utterances of Justice Sen, in the form of a judgement, which is against the basic structure of our Constitution. The Supreme Court had earlier given a verdict that secularism, amongst others, is a fundamental feature of our Constitution,” it said in a statement.