Supreme Court on Monday issued notice on a plea seeking expunction of remarks in a Meghayala High Court judgment which read “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.”
A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the HC registrar on the plea filed by Advocate Sona Khan and others, who contended that the judgment authored by Justice S R Sen was “legally flawed and historically misleading”.
The court had earlier asked the petitioner who sought withdrawal of judicial work from the judge to amend it and seek expunction of the remarks.
The December 10, 2018 judgment, on a case pertaining to domicile certificate also said “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”.
The HC said the Centre should bring a law to allow non-Muslim and tribal communities like Khasis from Pakistan, Bangladesh and Afghanistan to live in India without any cut-off year.