Ruling on Status of Muslim in UP is ill-conceived to the Point of Absurdity
Single Judge Ruling on Status of Muslim in UP is
ill-conceived to the Point of Absurdity
Ruling violates Supreme Court Judgments, Spirit of the Constitution,
International Norms and Commonsense.
AIMMM Calls for urgent Nullification through Established Procedure and Investigation.
New Delhi, 6 April, 2007: The All India Muslim Majlis-e-Mushawarat (AIMMM) considers the ruling by the single bench of the Allahabad High Court that Muslims in U. P. cannot be treated as a religious minority is ill-conceived, to the point of absurdity. The ruling is violative of several Supreme Court judgments defining the term minority with reference to its proportion in the population of a state and also contrary to the nationally accepted concepts relating to rights of minorities.
The Hon’ble judge has coupled the concept of ‘strength’ with that of population but he has not defined the term ‘strength’ or laid down how to measure ‘strength’ in a democratic state except in term of numbers.
He has also referred to the Constituent Assembly Debates but onlythe Constitution represents the consensus and the formal decision of the Constituent Assembly, over-riding individual views.
The Constitution may not have defined the term ‘Minority’ because it stood well defined in the course of constitutional developments under the British since the late 19th century. But the Constitution does recognise the rights of religious and linguistic minorities as well as it bars any discrimination on the basis of religion. Such non-discrimination is indeed a part of basic structure of the Constitution. Non-discrimination on the basis of religion implies that the Constitution recognizes the existence of religious groups. It is logical to presume that all religious groups cannot be equal in population, and therefore some may form minorities in relation to the group which constitutes more than 50% of the population or the biggest single group.
Apart from the Constitutional and legal aspects which make the Ruling not only controversial but worthy of being immediately nullified by a bigger bench of Allahabad High Court.
The AIMMM feels that the crux of the problem is its timing, generating the general impression that it is likely to communalize the voting pattern in U. P. and give political advantage to the BJP. The AIMMM does not attributes political motive to the Hon’ble Judge but it is, not the first time that he has bowled on the same side. His conduct as a ‘political’ judge needs to be inquired into by the judicial fraternity, drawing upon the investigative machinery of the state, if considered necessary.
The AIMMM demands immediate suo moto action by the Allahabad High Court to stay the ruling and filing of appeal by the Government of U P to strike it
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