The Supreme Court Monday sought response of the Meghalaya High Court Registry on a plea seeking expunction of controversial remarks by Justice Sudip Ranjan Sen that India should have been declared a Hindu country at the time of partition in 1947.
A bench comprising Chief Justice Ranjan Gogoi and Justices Sanjiv Khanna issued notice to the high court registrar on the plea filed by Sona Khan and others.
The plea contended that the judgment authored by Meghalaya High Court judge Justice Sen is "legally flawed and historically misleading".
The apex court had earlier refused to consider the prayer that the judicial work from Justice Sen be withdrawn and had rather asked the petitioner to amend her plea by seeking expunction of alleged controversial remarks in the judgment.
Justice Sen had written in his judgement, "Pakistan declared themselves as an Islamic country and India since was divided on the basis of religion should have also been declared as a Hindu country but it remained as a secular country.
"Even today, in Pakistan, Bangladesh and Afghanistan, the Hindus, Sikhs, Jains, Buddhists, Christians, Parsis, Khasis, Jaintias and Garos are tortured and they have no place to go and those Hindus who entered India during partition are still considered as foreigners, which in my understanding is highly illogical, illegal and against the principle of natural justice," he had said.
The observations made by the judge violate the citizenship law and makes a case for India as a country of and for Hindus, the petition said.