Party condemns observation made by Justice SC Sen, calls it ‘against the basic structure of our Constitution’
New Delhi: The Communist Party of India (Marxist) has demanded the immediate removal of Justice SC Sen of the Meghalaya High Court over his observation that India should have been declared a Hindu nation while delivering a judgement on Monday.
The party said it will consult other parties in Parliament “to consider moving an impeachment motion for his removal”, as per reports.
As per a statement released on Friday, the party condemned in “unequivocal terms” the observation made by Justice Sen, calling it “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. Justice Sen reflects his political faith akin to RSS ideology of Hindu Rashtra," the party noted.
Justice Sen made the controversial remarks on Monday while dealing with a case involving the grant of domicile certificates. Inter alia, the judge had noted that since Pakistan had declared themselves an Islamic nation after Independence, India should also have been declared a Hindu country.
“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,” Justice SR Sen said.
In his judgement, Justice Sen had also urged the Centre to enact a law 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.
“Therefore, I request our beloved Prime Minister, Home Minister, Law Minister and Hon’ble Members of the Parliament to bring a law to allow the Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in this country peacefully and with full dignity without making any cut off year and be given citizenship without any question or production of any documents. Similar principle should be taken to those who live in Pakistan, Bangladesh and Afghanistan. They may be allowed to come at any point of time to settle in India and Government may provide rehabilitation properly and declare them citizens of India,” Sen was quoted as saying by reports in his judgement.