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Harsh criticism over S.N Srivastava’s Judgement

New Delhi, Wed, 12 Sep 2007 Binita Tiwari

Sep 12: Our constitution lays down the framework on which the polity runs; it sets some national goals before the people of India. But the caretakers sometimes make it their personal goal and try to colour it with religious term that provoked unnecessarily the religious sentiment of people with their misleading judgment.

Justice S N Srivastava of Allahabad High Court, passed the order, "it is the duty of every citizen of India under Article 51-A of the Constitution - irrespective of caste, creed or religion - to follow the dharma propounded by the Bhagvad Gita".

Justice S N Srivastava made this observation on August 30, while hearing a case filed by Shyamal Ranjan Mukherji, a priest at the Gopal Thakur Mandir in Varanasi, ruling that the properties attached with temples, or religious institutions can not be alienated without the permission of the district judges concerned. He also said, “ India has recognized National Flag, National Anthem, and it can also consider Bhagvad Gita as national dharma shastra.”

He said Gita was a "dharma shastra" of India, it is the duty of the state to recognise the Gita as 'rashtriya dharma shastra'. "The Gita inspired those involved national struggle for freedom and all walks of life," he said.

Article 51-A tells about the fundamental duties of all citizens of India to respect the national symbols of India, our constitution and certain duties which aims at promoting equality among people.

Earlier the landmark verdict given by him created ripples who gave the judgement on the writ petition filed by a madarasa in Ghazipur, challenging the out of turn grant in aid to certain other minority institution. ``The court finds that Muslims have ceased to be a religious minority community in the State of Uttar Pradesh on the consideration of the material on record, which include various Census reports including those of 1951 and 2001," , said Justice Srivastava.

After which the court directed the State Government to treat members of the Muslim community on a par with the non-minority communities without discrimination in accordance with law.

Later the judgement was stayed by the same court.

H R Bhardwaj, Union Law Minister said that the Allahabad HC judge's observation needs to be ignored. He said that if such observations are part of a judgement, 'we'll take appropriate action.'

B P Singhal, member of Vishwa Hindu Parishad said, "He has justice in his mind, not as a Hindu, but as a judge."

Saeed Naqvi, eminent columnist said, "The Bhagvad Gita is a part of India's culture but they are trying to make it a religious text."

"I worship the Bhagvad Gita. Gita is my faith, but it's my individual faith. The state has no religion in this secular country. Religion is our personal view. A judge's job is to decide. He takes a constitutional oath in accordance with the law. This is a personal view that is being imposed upon people in a judgement," respond former chief justice of India, V N Khare.

The judgment has come under sharp criticism by different religious groups and eminent personalities .The judgment tried to break the very fabric of the secularism enshrined in our constitution. Our constitution defines India as secular state that is multi religious and no religion is superior to the other religion.


Read More: Allahabad

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