SHILLONG: The High Court of Meghalaya has urged the Prime Minister, Home Minister, Law Minister and Members of Parliament to bring a law to allow Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan to live in India peacefully and with full dignity without making any cut-off year and be given citizenship without any question or production of any documents.
While disposing of a petition by Amon Rana, who was denied domicile certificate by the state government, the single bench headed by Justice SR Sen said on Monday in a 37-page order that similar principle should be taken to those who live in Pakistan, Bangladesh and Afghanistan.
“They may be allowed to come at any point of time to settle in India and government may provide rehabilitation properly and declare them citizens of India. Similar principle to be adopted for those Hindus and Sikhs who are of Indian origin and presently residing abroad to come to India at any time as they like and they may be considered automatically as Indian citizens,” the judge said.
The court expected that the Centre will take a conscious decision to protect innocent Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan and “who are yet to come as well as from abroad as they have the same right to come to India as Indian citizens”.
According to the court, though the Boundary Commission was appointed at the time of partition, the Commission did not do any work and drew an imaginary line to divide India into two pieces.
Justice Sen said a burning example is that if one visits the border, it is difficult to understand which land falls within India and which is in Bangladesh as somebody’s kitchen is in India and their bedroom is in Bangladesh.
“Therefore, I can simply say that the Hindus, Sikhs, Jains, Buddhists, Parsis, Christians, Khasis, Jaintias and Garos residing in India which ever date maybe, they have come to India are to be declared all as Indian citizens and those who will come in future also to be considered as Indian citizens. However, I am not against my Muslim brothers and sisters who are residing in India for generations and abiding (by) Indian laws, they should also be allowed to live peacefully,” the order said.
The judge made it clear that nobody should try to make India as another Islamic country, otherwise it will be a doomsday 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 our Chief Minister Mamataji will support the national interest in all respects,” he said.
Uniform law
The judge also requested the government that a uniform law should be made for all Indian citizens and they are bound to abide by the law of the country and constitution.
“Anybody opposing the Indian laws and constitution, they cannot be considered as citizens of the country. We must remember that first we are Indians, then good human beings and thereafter comes the community we belong (to). I hope and expect that Government of India will take a decision to save these deprived people as discussed above who have been forced to part with their land, properties etc with a human touch,” the court said.
The judge also said it has been heard from the Members of the Bar that the detention camp in Assam where people are kept with the tag of foreigner were in handcuffs and living in inhumane condition.
“Even today, in Pakistan, Bangladesh and Afghanistan, the Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured and they have no place to go 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 said.
The judge also referred to the book written by Tathagata Roy, the Governor of Meghalaya, called “My People Uprooted: The Exodus of Hindus from East Pakistan and Bangladesh” and the book written by Dr Dilip Lahiri, a retired professor of St. Edmund’s College, which is titled “Nirbashita Sribhumi Part II and Sundori Sribhumi Srihotto Part I” and other related materials.
The judge also directed A Paul, Assistant Solicitor General, Government of India, to take the copy of the order and hand over the same latest by December 11 to the Prime Minister, Home Minister and Law Minister for their perusal and necessary steps to bring a law to safeguard the interest of the Hindus, Sikhs, Jains, Buddhist, Christians, Parsis, Khasis, Jaintias and Garos who have already come to India and who are yet to come from Pakistan, Bangladesh and Afghanistan as well as persons of Indian origin who are residing abroad taking their historical background as discussed.
The court expected the Centre to take care of the judgment in the historical background and save the country and its people.
The court registry has been asked to send the copy of this judgment to the Governor of Meghalaya and also to the Prime Minister, Home Minister, Law Minister and the Chief Minister of West Bengal immediately.
