WITHout relying on military power of the USA (Through UNPKF and ICJ) of humane global order of US sponsored UN,, Muslims can’t get justice from Indian State. By Hem Raj Jain <heWITHout relying on military power of the USA (Through UNPKF and ICJ) of h

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Reference:- (i)- The communal nationalism namely the anti-Muslim and pro-Hindu nationalism has long political history in Hindu majority India (ii)-can Indian Muslims be fooled merely by pleasing their Indian leaders and of some Muslim countries (iii)-The SCI ought to protect the rule-of law in India (iv)- India needs to be saved from present poisonous majoritarianism 

Since the BJP led by PM Modi of Hindutva forces (RSS, Bajrangdal, VHP ETC) came to power in 2014 an impression has gained ground among Indian Muslims that the Hindutva forces are trying to convert them as second class citizens of India. In this fire the recently released  BBC documentary has also added fuel where as per media reports even the governments of the USA, UK, Germany etc (the major and powerful democracies of the world) have shown displeasure in the interest of free speech/ freedom of media / right to freedom of expression & information in the largest democracy India (important for the success of global order of free world) over the practical ban by GoI of the said BBC documentary which concluded (if both documentaries are taken together) that the pathetic present condition of Indian Muslims (including violent attacks on them by Hindus https://www.oneindia.com/india/bbc-documentary-part-2-on-pm-modi-released-tmc-mp-mahua-moitra-shares-link-again-3515558.html?story=2 )is due to the simple reason that the GoI Is being headed by PM Modi who (as per firstBBC  documentary) was as CM directly responsible for “systematic campaign of violence” which has “all the hallmarks of ethnic cleansing” in 2002 in Gujarat as reported at https://www.aljazeera.com/news/2023/1/19/india-slams-bbc-film-on-role-of-indias-modi-in-gujarat-riots .

Therefore as fire fighting the efforts by Hindutva forces to assuage the feelings of Indian Muslims by roping-in the Indian Muslim leaders and the leaders of Muslim countries (as reported at https://www.thehindu.com/news/national/rss-makes-fresh-minority-outreach/article66433510.ece and https://www.daijiworld.com/news/newsDisplay?newsID=1046721#:~:text=In%20a%20new%20outreach%2C%20RSS%20leader%20Indresh%20Kumar,interactions%20with%20Muslim%20intellectuals%20for%20some%20time%20now. )  is quite understandable. 

But People wrongly think that by pleasing these  leaders  the Indian Muslims can be fooled rather Indian Muslims need to be told that The Hindutva forces destroyed secularism of India with their acts of commission whereas Muslims have been  destroying it by their acts of omission (by not contesting court cases properly as explined at https://www.pakistanchristianpost.com/opinion-details/4020 ). Therefore (in the interest of peaceful and respectful life of 200 million Indian Muslimsand and their future generations) it is time the Indian Muslims  file  two petitions in the SCI at the earliest . (One petition about bbc documentary and other about Babri masjid as  given below)  

GROUNDS FOR PETITION ABOUT BBC DOCUMENTARY

“[The hon’ble court has given clean chit to the then Chief Minister of Gujarat Narendra Modi about his role as CM during 2002 communal riots in Gujarat in which thousands of mainly innocent Muslims were massacred but this BBC documentary has ridiculed the said clean chit by the SCI to Modi in which as per prominent international media (https://www.aljazeera.com/news/2023/1/19/india-slams-bbc-film-on-role-of-indias-modi-in-gujarat-riots  ) - “the report of a United Kingdom inquiry showcased in the documentary refers to the events as a “systematic campaign of violence” which has “all the hallmarks of ethnic cleansing”, and places direct responsibility on Modi”.

This ridiculing by BBC AND British High Commission in India of Clean chit by the SCI to Modi tantamount to scandalizing the SCI in the eyes of the people of India and is a criminal contempt. Hence in the interest of restoring the credibility and authority of the SCI The Following PRAYERS ought to be granted by the Hon’ble Court

PRAYERS:-

(1)-  In case hon’ble court finds some merit in this BBC documentary then another ‘Special Investigating Team’ (SIT )Ought to be constituted by hon’ble COURT to investigate the role of Modi as CM which led to the Government of the UK (its HIgh commission in India) arrive at conclusion that  “systematic campaign of violence” which has “all the hallmarks of ethnic cleansing”, was the  direct responsibility of Modi,  by his acts of omissions. 

(2)-  In case hon’ble court finds no merit in this BBC documentary the hon’ble court to initiate criminal contempt of court proceedings under section 2 (C ) (i0  of the contempt of Court Act 1971 against the BBC and the government of the UK (UK High commission in India) for the said scandalizing the SCI about its clean chit to Modi]”. THIs action by SCI Against UK Government is necessary to constrain the SCI to take this matter with the utmost seriousness this matter deserves because if the UK government is not satisfied with Supreme Court’s  verdict in this matter then it can move the ‘International Court of Justice’ (ICJ) to get another SIT constituted.

GROUNDS FOR PETITION ABOUT BABRI MASJID

“[This petition is For complete justice under Article 142 of the Constitution for (1)- For  reviewing the November 2019 so-called final judgment in Ayodhya dispute and (2)- For legally expected restoration of Status-quo-ante of Babri Masjid (which was demolished in 1992 in the presence of the Observer of the hon’ble court itself) before any legitimate final judgment in Ayodhya title suit (because otherwise it shall  be lowering the authority of court which is criminal contempt for lowering the authority of the court even on the part of SCI under section 2 ( c) (i) read with section 16 of Contempt of Court Act). and (3)- For the hon’ble court to  direct the GoI to requisition ‘UN Peace Keeping Force’ (UNPKF) in case communal Hindutva forces (highly likely) try  to create law & order problem all across the country (especially during the said restoration of Masjid) Because if security forces of India can go in other countries for maintaining peace through UNPKF then security forces of other countries can also come in India for maintaining peace through UNPKF). 

This petition ought to be considered by hon’ble court in view of the fact that there was such a practice in the old days namely of the demolitions of temples etc by the followers of other religions so the Hindus also demolished many temples of Jains and Buddhists (as reported in media too as https://www.nationalheraldindia.com/opinion/will-buddhists-seek-to-reclaim-monuments-destroyed-to-build-hindu-temples) but about the alleged demolition of Hindu temples (including at disputed Ayodhya site) by the then Muslim invaders and rulers, Hindus are unnecessarily & over complaining.

Muslims should also submit to hon’ble court that we have no problem if after legally expected restoration of status-quo-ante of Babri masjid the religious majority community Hindus construct their temple at disputed site through Parliament by enacting new laws or by amending the Constitution with two third majority in Parliament as the BJP led government did in case of Article 370 of the constitution etc but we will never accept the construction of Ram Temple at disputed site by destroying the rule-of-law of India, as is being presently done which is particularly unbearably painful & humiliating to entire Muslim community of about 200 million Muslims of India because our religion Islam expects us to be afraid of only Allah (if we go astray off right path) and of no one else but we are being expected to be afraid of the ‘dadagiri’ (high handedness ) of Hindu majority India  and to not oppose properly & effectively the said destruction  of rule-of-law in India which first desecrated (by stealthily putting Hindu idols in the Masjid) then demolished and then denied Muslims their places of worship without due process of law.

Hence the Hon’ble Court ought to rectify the loss of impartiality, in the Ayodhya dispute, of the SCI in the eyes of the people. Because the SCI first allowed the GoI in 2003 to search evidence of Temple at disputed site (with potential of igniting religious sentiments of Hindus) by excavation through ASI (which is legally bizarre because it is a settled law that martial matter is between State and State, Criminal matter is between State and Citizens (hence State can search evidence in the interest of justice) but civil matters are between citizens and citizens hence litigants have to provide evidence of their claim and State does not search the evidence in civil suits) then the SCI in 2019 judgment  put burden on Muslims to provide evidence of their title and possession of Babri-masjid for the last 500 years but gave disputed site to Hindus by not only not putting such burden of evidence / proof on Hindus but gave it to the same Hindutva forces which demolished Babri Masjid despite court order (to maintain status quo of the Masjid) and that too when it was demolished in presence of the observer of SCI itself. It has sullied the image of the SCI  as an impartial institution under pressure of majoritarianism which is evident also from the fact that Muslims were entitled for the exclusive possession of disputed site under section 145 Cr.P.C. because (as mentioned in SCI 2019 judgment itself) the idols of Hindu Gods and Goddesses were kept stealthily in 1949 under central dome of the Masjid which in a legally objectionable way the religiously prejudiced Hindu executive magistrate under the pressure of similarly prejudiced Chief Minister (despite directions  from the then Prime Minister to get removed these idols) refused to get those removed but neither the judiciary got these removed in 70 years of the pendency of the title suit nor the hon'ble court gave any legally meaningful weightage to this fact in its 2019 judgment]”.

The communal nationalism namely the anti-Muslim and pro-Hindu nationalism (considering only those Indians as true citizens who’s religions are Indian born)  have long political history in Hindu majority India since even pre partition days  before 1947 especially since 1923 when Savarkar (the ideological Guru of  the RSS and Hindutva forces) published his book ‘Hindutva’ (which was exploited by Jinnah &his party Muslim Leahue to partition India on the basis of ‘TWO NATION THEORY’. This idelogy is still dominant as is evident from RSS Chief Bhagwat’s recent speech  where he laid down conditions for Muslims to live in India as reported at https://www.opindia.com/2023/01/mohan-bhagwat-muslims-must-abandon-rhetoric-of-supremacy-heres-what-rss-chief-said/ . the BBC documentary and Babri masjid case are part of wider AYodhya dispute including post masjid deletion communal riots (born-out of the same communal nationalism) with profound political undercurrents and implications which catapulted  BJP from numerical insignificance in Parliament in eighties to present majority in Parliament  Hence secular democracy the sine-qua-non for free-mind necessary for the progress of powerful technologies and sciences including social science in modern world can take deep roots in India only when a global institution like the UN  with its superior military power ensures / enforces it through international laws (regarding UNPKF,  ICJ etc) in the interest of human rights friendly liberal political order of secular democracy in IndiaIT Is hoped in the interest of protecting rule of law and secularism in India, without which Muslims can’t expect peaceful & respectful life in India, the IndianMuslims will file the said two petitions in the SCI at the earliest.

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