The Constitution of India is supposed to be secular, but those who ruled the country and the Supreme Court, which is supposed to uphold the Constitution of India, have not applied it in its true spirit on many occasions.
HMP lists out five instances when Supreme Court acted as a Sharia Court:
1) Using Quraninc verse rather than Constitution during judgements
The Hajj issue is one of those instances where the constitution has been twisted and misinterpreted to further the goals of pseudo-secularism. Supreme Court bench of Justice Katju & Misra fail to find Hajj subsidy ‘unconstitutional’. Albeit decision to withdraw Haj Subsidy was taken because it is anti-Quran and in judgement reference of ‘holy Quran’ in verse 97 in Surah 3, Al-e-Imran was used rather than any section of Dalit Leader Baba Ambedkar written Constitution.
2) Not opposing Sharia Courts
At present there are 40 such Shariat courts in Uttar Pradesh & AIMPLB is planning to move the proposal for establishing Shariat courts for discussion at a meeting in Delhi on July 15. So, far Courts have seen such parallel courts as the way of ‘out of court settlements which would decrease burden on regular courts’. Not opposing The demand for a parallel judiciary based on Islamic Sharia laws has been seen as a recipe for another Pakistan.
3) Refusing to open cases of Kashmiri Pandit’s Massacre
On October 25, 2017, the Supreme Court rejected the second plea for a fresh investigation into the killings of hundreds of Pandits in Jammu and Kashmir in the 1990s and early 2000s. It was a review petition filed by a Kashmiri Pandit group against the court’s July 24 order, which stated:
“We decline to entertain this petition under Article 32 of the Constitution of India, for the simple reason that the instances referred to in the present petition pertain to the year 1989-90, and more than 27 years have passed by since then. No fruitful purpose would emerge, as evidence is unlikely to be available at this late juncture.”
The apex court’s decision was seen as rubbing salt into the wounds of Kashmir’s ethnic minority community & appeasement to Muslim community in Kashmir
4) Refusing to revoke Article 377 in J&K
In recent order against Article 377 on prohibiting Homosexuality had been seen as Historic judgement ,until everyone realised that judgement won’t be applicable to J&K may be just because it is Muslim Majority state & Homosexuality has strict punishments in Islam. It appears that Court has respected ‘sentiments’ of Muslims in J&K & wishes that Homosexuals continue get strictest punishment as parallel to Sharia law
5) Delaying Ram Mandir verdict on filmsy grounds
Despite having enough proof from archaeologists of having Babri structure standing on razed Ram Mandir in Ayodhya , Supreme Court has been deferring Ayodhya verdict from many years possibly to avoid resentment of Muslims in India towards Court. It has been widely discussed that Congress’ ecosystem wishes that Ram Mandir verdict shouldn’t be done before LS 2019 at any cost and judiciary has been just obliging to it.
Overall Sentiments of people are against the Supreme Court & most of them are very vocal about it.
-closed Haj Subsidy only after refering Sharia
-refused to revoke Art 377 where 'Peacefuls' are in majority
-refused to hear cases of 1990 Kashmiri Pandits massacre
RT if you think Supreme Court is running as per Sharia & not Constitution
— History Of India (@RealHistoriPix) September 7, 2018
“Dissent is the safety valve of democracy”
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