The Meghalaya High Court has set aside a controversial judgement written by a former judge, observing that India should have been declared a ''Hindu country'' after partition.
A division bench headed by Chief Justice Mohammad Yaqoob Mir found the judgement "legally flawed" and inconsistent with the constitutional principles.
In a judgement in December last year, Justice SR Sen had observed that India, if divided on the basis of religion, should have been declared a Hindu country.
"After bestowing our thoughtful consideration to the entire gamut of the matter we have reached to a firm conclusion that the judgment is legally flawed and is inconsistent with constitutional principles, the observations made and directions passed therein are totally superfluous, therefore, is set aside in its entirety," the bench said in an order on Friday.
While disposing of a petition by a person who was denied domicile certificate by the Meghalaya government, Justice Sen had also observed that anyone opposing Indian laws and the Constitution should not be considered a citizen of India. After sharp criticism, he was forced issue a clarification.
In his judgement, Justice Sen had also set aside two notifications issued by the Meghalaya government relating to grant of permanent residence certificate/domicile certificates.
The division bench, however, observed that setting aside of the two notifications without any challenge was "impermissible" and "not sustainable".
Justice Sen had also directed the Centre to enact a law to safeguard the interests of Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis and Garos who have already come to India and who are yet to arrive from Pakistan, Bangladesh and Afghanistan.
Any observation which directly or indirectly offends the preamble of the Constitution cannot be sustained, the division bench said, adding that the directions of the single judge bench offended the "secular colour of the country and the provisions of the Constitution of India".
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