Centre urged to intervene in dismissal of PIL
MANGALORE: Leadership of Constitutional Movement (Saamvidhanika Chaluvali) has urged the intervention of the Union government against a judgment of the Gujarat High Court, which on Thursday, dismissed a public interest litigation (PIL) that had challenged the performance of religious rituals in the court campus. The court in its judgment observed that secularism is not anti-God. The Movement has urged the Centre to file an appeal before the Supreme Court against the judgment.
The Movement at the same time urged the Prime Minister, Union law minister, and the Speaker of the Lok Sabha to frame a legislation upholding secular credentials of the state. Condemning the dismissal of the PIL filed by the petitioner Rajesh Solanki, a Dalit activist and slapping of Rs 20,000 penalty on him, the Movement observed that this is a tacit admission of non-secular credentials of the judiciary, which as part of the Republic was bound to be secular in its character and dispensation.
Lolaksha, president of district unit of AHINDA and member of the Movement argued that the Indian state has no religion and the Gujarat HC's move to perform Hindu religious rituals at the time of foundation stone laying ceremony that had taken place on the court campus situated in Sola area of Ahmedabad on May 1 last year was improper. The court should explain to the people of India as to why it chose Hindu religious rituals and not of any other religion practised in the country, he said.
Initially, this PIL first came up for hearing before Chief Justice S J Mukhopadhaya, who refused to hear it saying that he too was part of the ceremony. Apart from the chief justice, the governor and many Supreme Court and high court judges were present during the function. The case was then heard by a Bench of Justices Jayant Patel and J C Upadhyay, who concluded that performance of rituals was intended for betterment of mankind and hence it should be viewed in this context.
Lolaksha contended that if the performance of rituals was indeed for the betterment of mankind, then what prevented the court from incorporating rituals from other religions. The court's contention that performance of religious rituals on the foundation stone laying ceremony is a non-secular act does not hold water. The judgment is a symptom of growing disease in the body of judiciary to uphold the irrational, he said, adding the Movement would circulate a detailed note to all concerned.
The Movement at the same time urged the Prime Minister, Union law minister, and the Speaker of the Lok Sabha to frame a legislation upholding secular credentials of the state. Condemning the dismissal of the PIL filed by the petitioner Rajesh Solanki, a Dalit activist and slapping of Rs 20,000 penalty on him, the Movement observed that this is a tacit admission of non-secular credentials of the judiciary, which as part of the Republic was bound to be secular in its character and dispensation.
Lolaksha, president of district unit of AHINDA and member of the Movement argued that the Indian state has no religion and the Gujarat HC's move to perform Hindu religious rituals at the time of foundation stone laying ceremony that had taken place on the court campus situated in Sola area of Ahmedabad on May 1 last year was improper. The court should explain to the people of India as to why it chose Hindu religious rituals and not of any other religion practised in the country, he said.
Initially, this PIL first came up for hearing before Chief Justice S J Mukhopadhaya, who refused to hear it saying that he too was part of the ceremony. Apart from the chief justice, the governor and many Supreme Court and high court judges were present during the function. The case was then heard by a Bench of Justices Jayant Patel and J C Upadhyay, who concluded that performance of rituals was intended for betterment of mankind and hence it should be viewed in this context.
Lolaksha contended that if the performance of rituals was indeed for the betterment of mankind, then what prevented the court from incorporating rituals from other religions. The court's contention that performance of religious rituals on the foundation stone laying ceremony is a non-secular act does not hold water. The judgment is a symptom of growing disease in the body of judiciary to uphold the irrational, he said, adding the Movement would circulate a detailed note to all concerned.
Read more: Centre urged to intervene in dismissal of PIL - The Times of India https://timesofindia.indiatimes.com/city/mangalore/Centre-urged-to-intervene-in-dismissal-of-PIL-/articleshow/7511086.cms#ixzz1EHVnUjIm
