New Delhi: The Supreme Court on Friday declined to withdraw judicial work from the Meghalaya High Court judge, who, in a judgment, had said that India should have been declared a Hindu country at the time of the Partition in 1947.
"We can't do this (withdraw judicial work). We can't allow this prayer. Please amend your petition," said a bench headed by Chief Justice of India Ranjan Gogoi while hearing the plea against HC judge SR Sen.
The CJI, however, indicated his inclination to expunge some of the statements made in his judgment by Justice Sen.
"Some of it was unfortunate. You amend your prayers. You may seek expunction of certain parts of the judgment," the bench told the lawyer, appearing for the petitioner.
The bench was hearing a PIL by Sona Khan and others, who had contended that Justice Sen brought in his political faith and communal views into his judgment, warranting withdrawal of judicial work from him.
The petition questioned the HC judge over making Islamophobic remarks and indulging in judicial overreach.
It claimed that the impugned judgment has damaged the impartiality of judicial institutions and crosses all limits of secular Constitutional principles, the petition prays for withdrawing judicial work from Justice Sen.
"The observations made by the judge violates the citizenship law and makes a case for India as a country of and for Hindus, the petition contends," read the petition.
It added that Justice Sen blamed poor educationally backward Bengali Muslims for siding with the Assamese and suggests that any Bengali Hindu from a foreign country should be given citizenship as and when she migrates to India without mandating any production of documents.
"This goes against Article 15, besides being in violation of Articles 5 to 11 of the Constitution," maintained the petition.
“By smuggling in his brazen communal view on partition and making an obvious political statement on a proposed amendment to Citizenship Act, the Ld. Judge has undermined the preeminent role of Parliament and independence of judiciary," read the petition.
A high ranking judicial officer must maintain the decorum of the court and not make political pronouncements or observations like these, it added.
Justice Sen's judgment had triggered an uproar with his remarks in his judgment in December.
"I make it clear that nobody should try to make India as another Islamic country.