Petition to Send Indian Muslims to Pakistan; Lawyers Slam Petitioner

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Supreme Court of India,

There should be an inquiry into it and an FIR should be filed against such people to find out their real motives of dividing the country and creating a rift between two communities, says a Supreme Court lawyer

Waquar Hasan | Caravan Daily

NEW DELHI — Reacting to the petition filed in the Supreme Court demanding Indian Muslims to be sent to Pakistan, Muslim lawyers have not just expressed outrage but have also demanded it to be declared as ‘hate speech’.

On Friday, a Supreme Court bench comprising Justice Rohinton Nariman and Vineet Saran promptly dismissed a petition which prayed for Indian Muslims to be sent to Pakistan. According to news website www.barandbench.com, Justice Nariman, who was visibly upset and even rapped the petitioner’s counsel.

“Do you seriously want to argue this? We will hear you but we will pass strictures against you,” said Justice Nariman to the petitioner’s counsel, in a chiding tone.

Expressing his anger over the petition, Supreme Court lawyer M R Shamshad said “My reaction is very aggressive. The communal hatred being spread has reached the Supreme Court in the form of a petition, today. And it is very dangerous for the entire country.”

Shamshad appreciated the court for dismissing the petition and felt that there was no need for taking action against the petitioner.

“The court did what it needed to do but what is a matter of grave concern, that such things are now being presented in the court in the form of an affidavit. If there would have been a need for the action against the petitioner, the court could have done it today, it could have passed stricture. But taking a balanced stand, the court left it so that it could not be propagated”.

He was of the opinion that it does not fall under the jurisdiction of the court to revoke somebody’s citizenship if the constitution considers him the citizen. The petitioner’s demand was out of the court’s jurisdiction.

“There are many types of petitions being filed in the court. But this is the first petition which is filled with so much aggression. A lot of peculiar petitions have earlier been filed in the court but this is an extreme case. I don’t think that the court has any such jurisdiction. The Constitution is supreme. If the Constitution considers someone citizen, it is not under the jurisdiction of the court to pass such order. The petitioner was asking a thing which is not under court’s jurisdiction,” said Shamshad.

However, senior Supreme Court lawyer Mahmood Pracha felt that strict action should be taken against the petitioner for filing such ‘anti-national’ petition.

“Heaviest penalty should have been placed on the petitioner. He should be barred from filing any such petition. And there should be an enquiry into it and an FIR should be filed against such people to find out their real motives of dividing the country and creating a rift between two communities,” said Pracha while talking to Caravan Daily.

Advocate Abu Bakar Sabbaq was of the opinion that someone asking somebody to be sent to Pakistan should be considered as a hate speech and the apex court should formulate a rule against it.

 “This comes under hate speech. Through this hate speech, Muslims’ identity and loyalty to their country have been questioned and targeted. Having taken a stand on this, the Supreme Court should have formulated a rule against this. This should be declared illegal and unacceptable. And the court should consider it as hate speech,” said Sabbaq.

The petition has been widely condemned by the concerned citizens and lawyers. Human rights lawyer Indira Jaising reacted angrily to the petition. She said, “Why did the judges not impose costs? Is the Supreme Court a playground for violating the Constitution? How can anyone dare to say in court that Indian Muslims should be sent to Pakistan?”

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