Justice Attar’s judgment – a wake-up call

Justice Attar’s judgment – a wake-up call _____ (I)

‘Indianism treats all ‘isms’ including Islam ‘sworn enemies’ to be wiped out

Hassan Zainagairi

                Recently in October 2013 Justice Muzaffar Hussein Attar of the JK High Court delivered a judgment in which he directed the authorities to protect the religious places of local Hindus (Pandits). The petitioners, non-migrant Pandits, submitted that some ‘Mahants’ (Hindu priests), who in some cases are non-Kashmiri Hindus, have illegally and unauthorizedly created third party interest in properties which are now being sold for commercial purposes. The counsel for the petitioners submitted that action be taken against ‘Mahants’ who illegally disposed of properties and religious places be protected.

                Justice Attar directed the state government to take all required steps in accordance with law for protection of religious places of petitioners including places of cultural heritage.

                So far so good. It is the duty of the state and the authorities to protect the religious places of minorities. If some unscrupulous elements (Mahants) have indulged in commercializing the religious institution, by all means a criminal offence, they need to be dealt severely. Even if persons of major community have collaborated with the Mahants they too should be punished severely. No Muslim, according to the tenets of Islam, is allowed to harm non-Muslims in body, honor, property or infringe in their religious beliefs. Rather Islam guarantees the protection of their lives and places of worship. To Islam minorities are sacred trust.

                Had the Justice Attar remained confined to giving what the aggrieved party had prayed for, this piece would not have jostled for preeminence this week. His relief hardly consumed a few lines of his 40 page judgment. The rest overwhelming portion of his analysis is ‘catapulted’ to serenading ‘glory’ of Indian Constitution. It is the Holy Grail he make us believe he has in his hand. Reading him one finds the people of India are fortunate to be the ‘citizens’ of a nation called India. Referring one article after another of Indian Constitution he shows how the “sacred” document ‘catapults the human beings to most important place in this universe’. He mentions: “the expressions ‘equality before the law or equal protections of law’ and the expression ‘no person shall be deprived of his life and personal liberty’ are the express provisions of the Constitution. The implied rights emerging from these provisions of the Constitution would mean that every person shall have right to live a life which will be meaningful and supported by the state”. Many other areas catch his attention. The honorable judge is obsessed with the glitter of the provisions of the Indian Constitution. How in reality are these going to ‘chisel’ the ‘constitutional person’ is the touchtone to judge the masculinity and sanctity of the Indian Constitution. However, at this time we may not focus on the miserable plight of Indian Muslims and the abject poverty they are wallowing in. We will condone thousands of Muslim pogroms, the Babri Masjid demolition, Gujarat genocide, the latest Muzafar Nagar killings. Sachar Report should serve as a mirror for the Justice Muzafar to learn that ‘all that glitters is not gold’.

                Still we may have least bothered about his reveling in his generous interpretations. We would have remained insulated at his whirling his Holy Grail before the “countrymen” where  85% population is not having latrines and 60% are living below poverty line and where thousands of farmers are committing suicide daily and where capital Delhi has earned the sobriquet of ‘rape city’.

                What has sent shivers down to our spine is the horrible spectacle Muslims are to face. His ‘philosophical’ approach and ‘wisdom’ in interpreting the various provisions of Constitution carves an edifice of Indian State where Muslims (and may be other religious minorities too) have but to lose their separate identity and get assimilated into Indianism, in euphemism Hinduism.

                                                                                                                                                ___ (to be concluded)