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HC overrules ex-judge’s ‘Hindu country’ verdict

May 25, 2019 05:33 AM

COURTESY TOI MAY 25

HC overrules ex-judge’s ‘Hindu country’ verdict
Prabin Kalita TNN

Guwahati:

A division bench of the Meghalaya high court set aside on Friday a controversial judgment by Justice S R Sen (now retired) of the same court in which he had observed that India should have been “declared as a Hindu country” after Partition.


In response to an appeal by the Meghalaya government, a two-member high court bench of Chief Justice Mohammed Yakoob Mir and Justice H S Thangkhiew said that Justice Sen’s judgment was “legally flawed and inconsistent with constitutional principles”.

“After bestowing our thoughtful consideration to the entire gamut of the matter, ... we have reached the firm conclusion that the judgment impugned dated 10.12.2018 is legally flawed and is inconsistent with the constitutional principles, the observations made and directions passed therein are totally superfluous, therefore, is set aside in its entirety,” the bench said.

The division bench also criticized Justice Sen’s directions in his judgment regarding bringing a law to safeguard the interests of Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis and Garos who have already come to India and those who are yet to come from Pakistan, Bangladesh and Afghanistan.

It said the directions “offend the secular colour of the country and the provisions of the Constitution of India

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