The Meghalaya High Court on Monday set aside the verdict of a single judge that India should have been declared a Hindu country during Partition, Bar and Bench reported. A bench of Chief Justice Mohammad Yaqoob Mir and Justice HS Thangkhiew ruled that the verdict passed by Justice SR Sen in December 2018 is “legally flawed and inconsistent with Constitutional principles”.
“After bestowing our thoughtful consideration to the entire gamut of the matter we have reached to a firm conclusion that the judgment impugned dated 10.12.2018 is legally flawed and is in-consistent with the constitutional principles, the observations made and directions passed therein are totally superfluous, therefore, is set aside in its entirety, as such shall be non est [will not exist],” the bench said.
Sen had made the remarks while disposing off a petition filed by a person who was denied a domicile certificate by the state government. He had also urged the Centre to bring in a legislation to allow citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos who come from Pakistan, Bangladesh and Afghanistan without any documents.
Pointing out that Pakistan declared itself an Islamic country soon after Partition, the judge said India should have made itself a Hindu country since the countries were divided based on religion. “Even today, in Pakistan, Bangladesh and Afghanistan, the Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured and they have no place to go and those Hindus who entered India during partition are still considered as foreigners, which in my understanding is highly illogical, illegal and against the principle of natural justice,” he wrote.
The division bench, however, said that a judge should not be guided by emotion, Live Law reported. It said Sen’s judgement has the potential to “offend the secular colour of the country and the provisions of the Constitution of India”.
An appeal was filed against Sen’s judgement in the High Court. A plea is also pending before the Supreme Court. However, the High Court said that the pendency of the case will not affect its decision.