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CPI(M) bullies Meghalaya High Court judge Justice SR Sen over ‘Hindu Rashtra’ remark

Shubham Singh by Shubham Singh
17 December 2018
in Opinions
Justicesen, CPI(M)
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The Meghalaya High Court judge Justice SR Sen who had called for India to be declared a Hindu Rashtra is being bullied by the Communist Party of India (Marxist). The party has threatened to move an impeachment motion against him.

The CPI (M) which follows the distorted version of secularism, said, “The CPI (M) is of the opinion that Justice Sen has lost his moral right to continue in the office as a Judge of the High Court. The party (CPI-M) will consult other parties in Parliament to consider moving an impeachment motion for his removal. Meanwhile, we request the Hon’ble Chief Justice of India to keep Justice Sen off judicial functions.” In their statement, the CPI (M) also said, “The CPI(M) condemns in unequivocal terms the recent utterances of Justice Sudip Ranjan Sen of Meghalaya High Court, in the form of a judgement which is against the basic structure of our Constitution.”

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The CPI (M) further added, “Justice Sen reflects his political faith akin to the RSS ideology of Hindu Rashtra.” The statement issued by the CPI (M) went on to add, “By smuggling in his brazen communal view on the partition and making an obvious political statement on a proposed amendment to the Citizenship Act, Sen has both undermined the pre-eminent role of Parliament and the independence of the judiciary. Such views will contribute to further provoking discord among the people in the North East.”

This attack on the judge follows the similar line which was adopted by the Congress party when it had indulged in bullying the CJI, Dipak Misra. In the month of March-April this year, the Congress was enthusiastically toying with the idea of moving impeachment motion against him. In their draft proposal for moving an impeachment against the CJI Dipak Misra, the Congress cited excuse of “abuse of authority to arbitrarily assign individual cases to select judges.” However, they failed in their attempt as Vice President Venkaiah Naidu rejected the impeachment motion against CJI Dipak Misra, and later on, the Congress also withdrew its petition abruptly.

The whole controversy erupted over Justice Sen’s remark which he made while delivering a judgment against the refusal to issue a domicile certificate to an Army recruit. In his judgment, Justice Sen observed, “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.” He further observed that till day, Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured in neighbouring countries like Pakistan and Bangladesh and have no refuge 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 also said, “India achieved independence through bloodshed and the worst sufferers were the Hindus and Sikhs who had to leave their forefathers’ property, birthplace with tear and fear” and insinuated that rehabilitation of Sikhs was largely done, but that of Hindus was not.

Justice Sen also stressed, “I make it clear that nobody should try to make India as another Islamic country, otherwise it will be a dooms day for India and the world. I am confident that only this Government under Shri. Narendra Modiji will understand the gravity, and will do the needful as requested above,” and hoped that Chief Minister Mamata Banerjee will also “support the national interest in all respect.”

For more details: Meghalaya HC Judge calls for UCC, says cannot turn India into an Islamic Country

He also stressed the importance of documents in judgment. Justice Sen said, “India still lives in its villages” and “most of the people in this country are yet to receive formal education and are not aware of the importance of certain documents”. He further said, “that is why many people of Indian origin may not have any of those…their presence in India is primarily due to religious persecution (emphasised in statement) that they have been facing through generations and nobody can deny that.” Justice Sen further observed, “Since then, these unfortunate people have lost many near and dear ones as well as their property and livelihood and have been forced to come to India and till date these people continuously facing religious persecution.”

These two parties, Congress and the CPI (M) have time and again accused the government of destroying institutions, but they themselves have threatened and bullied everyone including the High Court judge, and even the Chief Justice of India who refused to tow their line. 

Tags: CPI-MJustice SenMeghalaya Court
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