SHILLONG: A Meghalaya High Court judge has said the NRC is "defective" as many foreigners "became Indians" due to the exercise and nobody should try to make India an Islamic country.
Justice S R Sen, in a judgement passed on Monday while disposing of a petition of a man who was denied domicile certificate by Meghalaya, also observed that he was confident that only this government under Narendra Modi will understand the gravity.
He said that like Pakistan which declared itself an Islamic country after Independence, India "should have also been declared a Hindu country but it remained as a secular country".
At the same time, he urged the Centre to bring a law to allow Hindus, Sikhs, Jains, Buddhist, Parsis, Christians and Khasis, Jaintias and Garos tribals who are presently residing in Bangladesh, Pakistan and Afghanistan to live in this country peacefully and with full dignity, without making any cut-off year.
"The NRC is defective as many foreigners became Indian and original Indians are left out," Justice Sen said, referring to the updating of National Register of Citizens (NRC) in Assam.
"Nobody should try to make India another Islamic country otherwise it will be a doomsday...," Justice Sen said.
The judge was, however, quick to add that he was not against "my Muslim brothers and sisters" who are residing in India for generations and abiding Indian laws.
"They should also be allowed to live peacefully".
The judge said, "I am confident that only this government under Narendra Modi Ji will understand the gravity, and will do the needful as requested above and our Chief Minister Mamata ji will support the national interest in all respects".
Hindus, Sikhs, Jains, Buddhist, Parsis, Christians and Khasis, Jaintias and Garos tribals who are presently residing in Bangladesh, Pakistan and Afghanistan should be given citizenship without any question or production of any 21 documents, he ruled and directed that the order be delivered to Prime Minister Narendra Modi and his colleagues besides to the office of Meghalaya Governor Tathagata Roy and Chief Minister Conrad K Sangma.
The court said these communities may be allowed to come at any point of time to settle in India and government may provide rehabilitation properly and declare them citizens of India.
Similar principle to be adopted for those Hindus and Sikhs who are of Indian origin and presently residing abroad to come to India at any time as they like and they may be considered automatically as Indian citizens, he said in his 37-page order.
The court also said that it expects the Government of India to take a conscious decision to protect the innocent Hindus, Sikhs, Jains, Buddhist, Parsis, Christians, Khasis, Jaintias and Garos who have come from Pakistan, Bangladesh and Afghanistan and who are yet to come from abroad as they have the same rights to come to India as Indian citizens.
Although the Centre's Citizenship (Amendment) Bill, 2016 also seeks to make Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from the three countries eligible for Indian citizenship after a stay of six years, there was no mention of the bill in the court order.
The judge was also critical of the Boundary Commission appointed at the time of partition which drew an "imaginary line" to divide India into two pieces.
"A burning example is that if we visit the border, it is difficult to understand which land falls within India (in Meghalaya) and which is in Bangladesh as somebody's kitchen is in India and their bedroom is in Bangladesh," he said.
Terming it "highly illogical, illegal and against the principle of natural justice", Justice Sen said Hindus who entered India during partition are still considered foreigners.
Appealing to the Hindu people of both Barak valley as well as the Assam valley to come together to find an amicable solution, Justice Sen said, "Our culture, traditions and religions are the same.
We should not hate each other just on the basis of language".
The influential Khasi Students Union(KSU) responding to the judgement said it completely disagrees with any move to give these groups refuge in India "without taking into account all aspects including the demographic structure of the north eastern states of India".
Its general secretary D V Thabah cited the instance of the Indo-Nepal Friendship Treaty, 1950, which, he said had a detrimental impact on the indigenous Khasi populace in Meghalaya although Nepal does not share a common border with the state.
"If the (Citizenship) Bill is passed then it is apparent that Meghalaya will be severely affected owing to its long and porous border with Bangladesh," the KSU leader said in a statement.
AIMIM leader and MP Asaduddin Owaisi reacted sharply to the court order.
"This is a wrong judgment. We do not accept it. You cannot give such a judgement... India is and will remain a plural, secular country. What kind of judgement is this.. will the government take note," the All India Majlis-E-Ittehadul Muslimeen Party leader said at a public meeting.
"No one, least of all Justice Sen, can change the pluralism of my country. It has always been a bouquet of diverse traditions & it always will be. It is not by the 'mercy' of the majority that India is diverse, it's because of Babasaheb's Constitution," Owaisi said on Twitter.
However, Union Minister Giriraj Singh welcomed the judge's order saying his observations are in line with public sentiments.
"What he has said is also the voice of crores of people of India," the BJP leader said.