23 Tweets 24 reads Feb 27, 2023
#SupremeCourt dismisses a petition filed by Ashwini Upadhyay to rename historical places named after past rulers.
"If fingers are pointed at a particular community....do you want to keep the country on a boil?", the bench asks him.
"What are you trying to achieve?", bench asks.
"Hinduism is a way of life, because of that India has assimilated everybody. Because of that we are able to live together. Divide and rule policy of British brought about schism in our society. Let us not being that back"- J Nagarathna tells Upadhyay.
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"There is no bigotry in Hinduism..." - Justice Joseph tells Ashwini Upadhyay.
Upadhyay says it is because of Hindus have become minority in many historical places.
"Why history should start only after Ghazni-Ghori? What is Aurangazeb relationship with India", Upadhyay asks.
"You want to keep this as a live issue and keep the country on a boil? And you run down a particular section of society? India is a secular state, this is a secular forum" - Justice Joseph to Ashwini Upadhyay.
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"We have roads after Lodhi, Ghazni, Ghori....there is no single road named after Pandavas, though Indraprasthan was constructed by Yudhishtir....Faridabad named after person who looted" - Upadhyay says.
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Sensing the disinclination of the bench, Upadhyay seeks permission to withdraw the petition.
"We will not allow you to withdraw, we will make some observations", the bench says.
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"Let us not break society with such kinds of petitions, please have the country in mind, not any religion" - Justice Nagarathna tells Upadhyay.
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Bench refuses to accept the request made by Upadhyay to withdraw the petition with liberty to file a representation before the Ministry of Home Affairs.
The bench proceeds to dismiss the petition.
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"India that is Bharat is a secular country. Secularism has been accepted by a bench of 9-judges as a part of basic structure..." - bench observes in order.
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"A country cannot remain a prisoner of the past. India is wedded to rule of law, secularism, constitutionalism. Article 14 stands out a guarantee of equality and fairness in state action. Founding fathers contemplated India to be a Republic" -- bench observes in order.
"It is important that the country must move forward. It is indispensable for achieving the goals enshrined in the chapter of Directive Principles" - bench observes in order.
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"The history of any nation cannot haunt the present and future generations to the point that succeeding generation becomes prisoners of the past. The golden principle of fraternity, again enshrined in Preamble, is of greatest importance"- bench in the order.
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"Harmony alone will lead to togetherness of the country"- bench says in order.
Upadhyay interrupts and seeks permission again to withdraw or to adjourn.
"Don't tell us how to proceed"- J Nagarathna tells him.
"You have come to us, so we will decide"- J Joseph tells Upadhyay.
"The reliefs sought by the petitioner cannot be granted by this court acting as guardian of fundamental rights under Article 32. Preamble gives us the guiding light in this direction. Petition is dismissed"- bench states in the order.
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"You will realize later at some point, what we have done... This court should not become an instrument to create havoc " - Justice Joseph tells Upadhyay after dictating the order.
"Cities mentioned in my vedas, they don't exist today. We also have right to religion" - Upadhyay.
"Hinduism is the greatest religion in terms of metaphysics. The heights which Hinduism have in Upanishads, Vedas, Bhagavid Gita is unequal in any system. We should be proud of that. Please don't belittle it"- Justice Joseph.
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"We have to understand our own greatness. Our greatness should lead us to be magnanimous. I am a Christian. But I am equally fond of Hinduism. I am trying to study it. You read the works of Dr S Radhakrishan on Hindu philosophy" - Justice Joseph.
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"Hinduism is a way of life. There is no bigotry in Hinduism" - Justice Nagarathna.
"If you come to Kerala, it was the Hindu rajas who donated lands for churches, they gave money. That is the history of India. Please understand that" - Justice Joseph to Upadhayay.
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Upadhayay : There is another history of India. Due to this kind of nature, Hindus have been wiped off from many historical places. Afghanistan, Pakistan. Even in India, Hindus are minority in seven states, in 200 districts..due to this nature.
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Justice Joseph : Everyone has fundamental right to religion. What is religion? It is a relationship between man and god...
Upadhyay : The right is not there for foreign invaders..only Indians..What is relationship with Aurangazeb, Thuglak, Ghori with India?
Justice Joseph : Can we rewrite history...?
Upadhyay : Why history should start only from Ghazni-Ghori? Only from 15th century?...

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