Muslims themselves to be blamed for their pathetic situation in India. By Hem Raj Jain

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Six petitions in Supreme & High Courts are enough to bring honorable & peaceful life for Muslims in India. Presently in print & electronic media of India (also due to on-going election for lower house of the Parliament) politicians, political commentators, journalists, academicians, religious leaders etc are analyzing and giving their prescription for the remedy (given by secularists) and justification (given by Hindutva forces) of communal disease prevalent in India. This poison under the onslaught of Hinduism (especially due to BJP of Hindutva forces in power at center and in many States) has rendered over 200 million (including illegal immigrants mainly from Bangladesh) Muslims of India  as second class citizens of India in the eyes of Hindutva forces and merely as vote bank for so-called secularists. Out of so many such media coverage one such is given at https://timesofindia.indiatimes.com/blogs/bloody-mary/the-othered-muslim-demonised-or-treated-as-captive-vote-bank-the-muslim-as-citizen-is-disappearing/

To be fair to Hindutva forces the Indian Muslims themselves are to be blamed for their pathetic situation in India. Without going in much details if Indian Muslims want to live honorably & peacefully in India then they should immediately file following 5 writ petitions in Supreme Court and one writ petition in J&K High Court as given below.

(A)- Writ Petitions in SCI under Article 32 of the Constitution: -

(1)- Before any judgment in Ayodhya title suit pending with SCI, writ petition (otherwise it will be lowering the authority of court which is criminal contempt even on the part of SCI) for legally expected restoration of Status-quo-ante of Babri Masjid which was demolished in 1992 in the presence of Observer of SCI. Also with a prayer in this writ petition that SCI should direct Government of India (GOI) to be ready to requisition UNPKF in case communal Hindutva forces create law & order problem all across the country (if security forces of India can go in other countries for maintaining peace though UNPKF then security forces of other countries can also come in India for maintaining peace through UNPKF).

[Due to failure of Indian Muslims during last over 26 years to file this writ petition in SCI, not only the communal Hindutva forces got emboldened hence could carry out many riots (an euphemism for mass scale killing of thousands of innocent Muslims by Hindutva forces) since Bari-Masjid demolition including in 2002 in Gujarat under the watch of Prime Minister Modi) but it has also facilitated BJP to come in power at Centre and in many States of India]

(2)- Under Article 13 & 14 of the Constitution for quashing of discriminatory (especially against Muslims) all Reservation laws which, in the name of backward castes, is giving reservations to also those castes of Hindus which once ruled in India

(3)- Under Article 13 & 14 of the Constitution for abolishing (because discriminatory against Muslims etc and favoring Hinduism in a secular India) all the laws related to cow protection, beef eating etc which are causing lynching of Muslims and ‘Dalits’ in India.

(4)- Writ petition regarding fixing the responsibility under sections 129, 130, 131 Cr.P.C. and punishment to executive magistrates and armed forces (who failed in promptly stopping riots Delhi 1984 & Gujarat 2002) so that any future riot (if any) can be stopped promptly and effectively.

(5)- Under Article 13 & 14 of the Constitution for getting entire process of discriminatory NRC in Assam dropped / quashed because (i)- NRC is made only for Assam (and not for entire India) which harasses mostly so-called infiltrators in Assam but not so, for so-called infiltrators in rest of India (ii)- NRC is made under unconstitutional Assam Accord 1985 (which discriminately grants citizenship rights to illegal migrants up-to 1971 in only Assam and not in other State). Hence the constitutional validity of Assam Accord has been challenged in SCI therefore before deciding this issue it is unconstitutional on the part of SCI to ask for the preparation of NRC in Assam (because if Assam Accord is struck down by SCI then NRC will become illegal and meaningless) (iii)- NRC is being made with religious discrimination because millions Hindus are illegal immigrants in all over India from Bangladesh and Pakistan but India is harassing mostly Muslim illegal immigrants in Assam [Government of India (out of communal discrimination) has already passed in Loksabha the 'Citizenship Amendment Act' where except Muslims all others, the Hindus, will be granted citizenship who came illegally from Pakistan, Bangladesh etc]

(B)- Writ petition in J&K High Court under Article 226 of the Constitution for getting plebiscite in united J&K as mandated by ‘Instrument of Accession’ in which main pleadings can be as given below -

(1)- That gory & chronic Kashmir problem has lingered mainly due to ultra-vires acts of the legislative bodies of the Union of India and the State of J&K) about ‘Instrument of Accession’ (IoA) of J&K to India accepted by the then Governor General of India on October 27, 1947 which in essence is given as –“[My Dear Maharajah Sahib, Your Highness’s letter dated the 26th October, has been delivered to me by Mr. V.P. Menon. In the special circumstances, mentioned by your Highness, my Government have decided to accept the Accession of Kashmir State to the Dominion of India. Consistently with their policy that, in the case of my State where the issue of Accession has been the subject of dispute, the question of Accession Should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that, as soon as law and order have been restored in Kashmir, and her soil cleared of the invader, the question of the State’s Accession should be settled by a reference to the people. Meanwhile, in response to your Highness’s appeal for military aid, action has been taken today to send troops of the Indian Army to Kashmir to help your own forces to defend your territory and to protect the lives, property and honor of your people. My Government and I note with satisfaction that your Highness has decided to invite Sheikh Abdullah to form an Interim Government to work with your Prime Minister: Yours Sincerely Sd/- Mountbatten of Burma”]

(2)-  That as per IoA the people of J&K have nothing to do even with United Nations rather it is the responsibility of India to get plebiscite by getting the soil of united J&K cleared of Pak invaders (including non-citizens of united J&K) and after getting law & order restored in united J&K (including rehabilitation of Kashmiri Pandits) and how India does it is India’s headache whether by its own or through UN or by getting military help from any friendly country.

(3)- That neither Indian Parliament nor Legislative Bodies of J&K nor any other constitutional authority or institution in India has any constitutional-legal right to decide on the fate of territory of united J&K before plebiscite as per IoA. But in utter violation of this fundamental legal principle the Union of India and the State of J&K have illegally mentioned the J&K as a State like any other State of India and even an integral part of India which is against the letter and spirit of IoA, hence ultra-vires and null & void and legally ought to be repealed.

(4)- Therefore in view of above mentioned the J&K High Court should be requested to issue appropriate writs in order to:-  [i]- Get repealed the Article 1 (3) (a) of The Constitution of India and PART II THE STATE (3) of the Constitution of J&K [which illegally show J&K as Indian territory (like any other State of India) and even an integral part of India without any mention of the condition of plebiscite to decide the territory of J&K as per ‘Instrument of Accession’].

[ii]- Recommend to the President of India that the President, under Article 86 (2) of the Indian Constitution, should send message to Parliament to incorporate in such repealed parts of the Constitution of India that – [As per ‘Instrument of Accession’ the fate of territory of J&K will be decided after plebiscite which will be carried out by Union of India after ensuring, in united J&K, the conditions conducive for carrying out such plebiscite].

[iii]- Recommend to the Governor of J&K that the Governor, under Article 54 (2) of the Constitution of J&K, should send message to Legislative Bodies of J&K to incorporate in such repealed parts of the Constitution of J&K that [As per ‘Instrument of Accession’ the fate of territory of J&K will be decided after plebiscite which will be carried out by Union of India after ensuring in united J&K the conditions conducive for carrying out such plebiscite].

[iv]- (In view of delay of 71 years and immense killings, injuries and sufferings due to chronic & gory so-called Kashmir problem) direct the Union of India to get plebiscite in united J&K at the earliest possible after ensuring in united J&K the conditions conducive for carrying out such plebiscite required by IoA.

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