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USA / UNHRC / UN should take cognizance of unprofessional Supreme Courts of nuclear India & Pakistan making South Asia politically explosive


Alwihda Info | Par Hem Raj Jain - 10 Novembre 2019 modifié le 10 Novembre 2019 - 07:22


The USA / UNHRC / UN who are responsible for managing global political order since World war II should develop a mechanism [something on the basis / pattern of section 12 (b) of ‘The Protection of Human Rights Act of India’] at UN & UNHRC to intervene in the proceedings of the Supreme Courts of the UN member countries (including through review filed by UNHRC in these Supreme Courts) especially in cases which has potential of serious threat to peace & human rights in these countries and in their neighborhood (as enshrined in ICCPR of UN). Such new mechanism at UNHRC & UN has become all the more necessary and urgent because two nuclear countries Pakistan & India have come on the brink of political explosion (through political explosion within these countries, having militant-Jihadi presence in these countries and even war between these countries), as given below:-

ABOUT PAKISTAN

(1)- The Supreme Court of Pakistan (SCP) carried out (what is termed by national and international media as) a ‘judicial coup’ before 2018 general election [which brazenly violated the political rights of incumbent PM Nawaz Sharif, his Party PML (N), its other candidates and the people of Pakistan who were denied the legitimate political choice] as reported also at https://www.geo.tv/latest/156544-musharrafs-former-minister-says-nawaz-sharifs-disqualification-weak-lacks-judicial-grounds and https://www.dawn.com/news/1357595 and https://www.geo.tv/latest/151531-legal-heavyweights-weigh-in-on-scs-decision-on-panama-case and https://www.washingtonpost.com/news/global-opinions/wp/2017/07/30/why-sharifs-ouster-is-dangerous-for-pakistan/ The said media coverage says that this judicial coup was carried out by SCP by violating every principle and tenets of jurisprudence where (A)- Nawaz was denied the benefit of a legal trial (B)- SCP accepted findings of an investigative panel, on which two of the six members were from the same military establishment (which deposed him from Premiership in 1999) that wanted his exit, ( C)- Had this been about corruption, there would have been a trial, not direct intervention by the Supreme Court, which should only be the court of final appeal in criminal matters (D)- PCB handed down a lasting disqualification against Nawaz bypassing a fair trial without giving him the benefit of an appeal (E)- An entire mechanism exists under ROPA that also allows for an appeal, but SCP went straight to Article 62(1)(f) of the Constitution (F)- Nawaz was disqualified for LIFE though there is no explicit legal provision to do so.

(2)- The fall-out of this judicial coup in Pakistan has already resulted in the form of Azadi (freedom)-march & huge Dharna (sit-in) in Islamabad, by opposition parties in which people sitting in these Dharna are being given 24x7 the religious tonic and even flags of Taliban are raised in this Dharna, which has grave implications not only for Pakistan and entire Indian sub-continent but also for peace process in Afghanistan.

ABOUT INDIA

(3)- The Supreme Court of India (SCI) has created a serious communal situation in India and across border (i)- By allowing ‘National Register for Citizens’ (NRC) only in the State of Assam in order to identify illegal immigrants from Bangladesh by keeping an eye on about 2 million mostly Muslim infiltrators where as illegal immigrants from Bangladesh are about 40 million (mostly non-Muslims, mainly Hindus) all across India (ii)- By sitting on the writ petitions against amendment to Article 370, repeal of Article 35-A of the Constitution and bifurcation and conversion of State of J&K in two Union Territories and on the writ petitions (including habeas-corpus) about restoration of human rights, of the people of Kashmir valley, which has been denied to them by Government of India (GOI) brazenly since August 5, 2019 which has also unnecessarily brought nuclear India & Pakistan on the brink of war as mentioned at - https://www.alwihdainfo.com/Kashmiris-should-protest-at-Jantar-Mantar-against-President-about-Article-143-1-for-restoring-their-human-rights_a77642.html or https://www.pakistanchristianpost.com/opinion-details/3453 (iii)- By destroying secularism (a constitutional mandate) and rule of law in India through its judgment https://www.sci.gov.in/pdf/JUD_2.pdf
of November 9, 2019 in Ayodhya dispute which has done gross injustice to Indian Muslims and against which AIMPLB is going to file review petition in SCI as per Owaisi, a member of AIMPLB as reported at https://www.indiatoday.in/india/video/ayodhya-case-final-verdict-owaisi-statement-1617370-2019-11-09

(4)- Ayodhya dispute is title suit and in title suits constitutional bench of 5 judges of SCI is not constituted as was done by the SCI. In title suit any disputed property can be demolished on which there is a court order / injunction for maintaining status-quo (as happened with Babri Masjid which was demolished by Hindutva forces on December 6, 1992 in presence of Observer of SCI) but then the status-quo-ante of such demolished protected (by court stay order) properties are restored by Court before any proceeding takes place in such suit or its appeals.

(5)- Before passing said November 9, 2019 judgment in Ayodhya dispute the SCI did not restore the status-quo-ante of Babri Masjid which is not only criminal contempt by SCI under section 2 (c ) (i) read with section 16 of Contempt of Court Act, for lowering the authority of the court but Indian Judiciary made itself complicit (A)- In emboldening Hindutva forces (which resulted post-Babri-Masjid-demolition in many communal riots in which thousands of mainly innocent Muslims were killed, injured and their properties & honor destroyed including in 2002 in Gujarat) (B)- With the result in politically promoting communal Hindutva forces (which demolished Babri Masjid in 1992) to come in power at centre and in many States.

(6)- The SCI in said November 9, 2019 judgment framed XVI issues (S.No F - Points for determination) for deciding this appeal. Most of these issues are framed as if this Ayodhya dispute is not a title suit but based on faith in which SCI is bent upon favoring majority community the Hindus. The SCI simply forgot that Ayodhya suit is for title of the property and not a suit for declaration (which in any case cannot be about faith whether Lord Rama was born at disputed site and related matters). The SCI also forgot that even under section 5 of ‘The Places of Worship (Especial Provision) Act (An Act mainly to prohibit conversion of any place of worship) any suit, appeal or other proceeding relating to Ram Janma Bhumi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh are only about title.

(7)- The SCI in said November 9, 2019 judgment also forgot that thousands of Hindus and Jain temples were demolished by Muslims invaders and rulers from 8th to 18th century and even Masjids were built on these demolished temple sites ( as about Jain temple too as mentioned at https://commons.wikimedia.org/wiki/File:Statues_of_Jain_Tirthankaras_in_the_Qutub_Complex,_Delhi.jpg ). But progressive India (unlike medieval Pakistan) still adopted secular constitution after partition and even passed ‘The Places of Worship (Especial Provision) Act’ in order to help Indians forget said gory past (including partition in which about 1 million were killed and about 20 million displaced across the border in horrible condition) and move forward.

(8)- Will the SCI ever realize that what a legally absurd judgment it has passed on November 9, 2019 in Ayodhya dispute about title where the SCI has given disputed property to a freshly to-be-constituted Trust (and not to the original litigants) and where the SCI has ordered that 5 Acres of land (from somewhere out of the disputed territory) has to be given to a defeated party in the title suit.

Therefore in view of the fact that the Supreme Courts of India and Pakistan will not be moved (by fresh writ or review petitions) by the victims of said judgments (in a manner which will bring true relief and remedy) it is imperative that in the interest of maintaining peace & harmony in South Asia ( through protecting human rights, as enshrined in ICCPR of UN) (i)- The USA / UNHRC / UN should take cognizance of unprofessional Supreme courts of nuclear India & Pakistan which has made South Asia politically explosive and (ii)- The UN & UNHRC should develop a mechanism through which they should immediately file review petitions against said judgments of the SCI & SCP .

Regards

Hem Raj Jain
(Author of ‘Betrayal of Americanism’)
Shakopee, MN, USA.
Whatsapp: 7353541252


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