Open letter to the Chief Justice of Supreme Court of India.

OPEN LETTER TO THE CHIEF JUSTICE SUPREME COURT OF INDIA
13 August 2019
To;
Ranjan Gogoi
The Chief Justice
Supreme Court of India
Your Lordship,
I am writing to you in capacity of a global citizen who believes in the unequivocal rights
as well as the responsibility of the people being members of this one world we all share
at this junction of time. Being a Judge holding the banner of justice, I am sure that you
will not concentrate on my nationality or put any political, religious or ethnic label on me,
as it might make you biased before you read what I wish to convey dispassionately. I wish
your lordship to concentrate only on the verse of Taittiriya Upanishad “Sraddhaya
deyam, asraddhayaa adeyam, sriya deyam, hriya deyam, bhiya deyam, samvida deyam”
meaning help others with care and respect, give with sympathy, give plenty and give till it
hurts you, give with modesty and humility and give with full understanding and knowledge
of the recipient’s needs. Today, by virtue of your position you can give and contribute to
this world and humanity. For me, humanity transcends one’s identity and the geographical
location and thus I am addressing this letter to you with same spirit and belief.
The land of India has been a representation of diverse cultures and civilizations where
teachings of Hinduism, the oldest known religion professed compassion, peace and
happiness for thousands of years. Hindu scriptures reflect a deep commitment to justice,
both as a social reality and as a cosmic principle while the judicial system has always
seen it as a mean to protect the weak from the strong and unjust.
As I write to you, the siege of Jammu and Kashmir continues for the ninth consecutive
day, human rights literally remain suspended, all rations and necessities including milk
powder for children is short, schools even hospitals are shut closed, continuous curfew
has converted Kashmir literally into a prison while journalists and other media personnel
are barred from their practice amid the unprecedented lockdown.
Let me quote the preamble of constitution of India which states that “The people of India,
having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR,
DEMOCRATIC REPUBLIC and to secure to all its citizens: justice, social, economic and
political; liberty of thought, expression, belief, faith and worship; equality of status and of
opportunity; and to promote among them all fraternity assuring the dignity of the individual
and the unity and integrity of the Nation”. While one reads through this paragraph anyone
can rightly feel that India, the very land of pluralism, could not stand by its promise made
in the constitution of the country when it comes to ethnicities, religions and above all
rights. Do not mind my words when I say that India has become a place where a state
with a dominant majority religion seeks to put its minorities in a subordinate place and
claim the country for Hindus only.
While Supreme Court of India believes that “Majoritarian views and popular morality
cannot dictate constitutional rights”, yet the egregious, anachronistic, illiberal, and
misogynistic elements are unashamedly taking over the very social and democratic
system of the country. The constitution of India continues to be bizarrely misconstrued by
politicians and elected representatives’ even senior ministers continue to dehumanize
particularly Kashmiri women, enticing their chauvinist workers to marry “Gori Kashmiri
girls” in days to come.
The Jammu and Kashmir order, 2019 has been issued under Article 370 (1) (d) of the
constitution, stripping Jammu and Kashmir its ‘special status’. There are a number of
petitions put forth to Supreme Court of India against abrogation of Article 35 A and Article
370. However, it seems that the Supreme Court is still weighing between doing justice
and assessing the expected response by the like minds of RSS extremists. Probably, that
is the reason the Supreme Court has not only refused early hearing of petitions relate to
Jammu and Kashmir but also pended petitions seeking a direction for the Centre and the
Jammu and Kashmir administration to relax all restrictions on freedom of movement and
restore communications. Your Lordship! The Supreme Court of India cannot become
party to the gross violations of human rights. Here are few things I would ask yourself and
the Supreme Court of India to reflect. Does the constitution of India permit the parliament
to retrogressively downgrade statehood into a less representative form such as a union
territory? How come the government may use Article 370 to demolish Article 370? Does
this article not bar the President to apply all other Articles except Articles 1, 238 and 370
of the Constitution to Jammu and Kashmir? Why the decision was taken unilaterally by
the executive, and that the governor had exercised his power illegally? Why the elected
representatives were not consulted or even asked? Why the political leadership of Jammu
and Kashmir were kept under custody to bring this amendment and why still hundreds of
political leaders kept under house arrest? Is not the exclusion of the opinion and absence
of consent of the Legislative Assembly of the Jammu and Kashmir amounts to rejection
of all norms of democracy that Indian constitution promises? Is not this in violation of the
historical promises made on record by Indian leaders from time to time? Can India turn
away from its promises and declarations it has signed on international forums on the
status of Jammu and Kashmir?
Your Honor! UN Security Council and the United Nations Commission for India and
Pakistan has a clear stance regarding the State of Jammu and Kashmir being a disputed
territory. It underscores that its final status is yet to be determined. The UN Security
Council since 1948 has adopted 18 resolutions on the disputed status of Jammu and
Kashmir. The first was Resolution No. 38 passed on Jan 17, 1948 and the last one was
Resolution No. 307 adopted in 1971. The UN Commission for India and Pakistan also
adopted two resolutions. The India government has no locus standi on territories illegally
and forcibly occupied by it. Any action to alter the status of these occupied territories by
India has no legal basis whatsoever.
Holy scriptures of Hinduism emphasize that violence of any form for any reason is
supposed to beget violence, as the law of nature Karma produces equal and similar
reaction to any of the deed committed. This concept of Karma comes into play to deter
persuasions for violence as elucidated in the Upanishads. I do not understand how the
Indian government expects peace in Kashmir after having unleashing violent punitive
actions through its indifferent brute force.
Your Lordship ! You won’t disagree that the recent adventure by the government has
brought the region close to destruction of a nuclear war. Any engagement on Line of
Control will never remain limited to few sectors in Jammu and Kashmir. War will erupt
along the international border as well. Indian government cannot ignore the military
response by Pakistan and it would be nightmare for the entire humanity to see the two
nuclear powers going for an all-out war eliminating the humanity. Now the ball lies in your
court and I believe Supreme Court of India can even do more than my expectations to
maintain peace in the region.
I do not expect a reply to this letter but I do wish all the best to you being head of the apex
house of justice in India in handling the most sensitive issue of our times.
Sincerely Yours
Sabbahuddin
A Global Citizen
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