India was partitioned in 1947 on the basis of religion (which both Hinduism and Islam came in existence before modern democracy) when Muslims pressed for two nation theory and carved out West and East Pakistan (in 1971 Bangladesh when two nation theory failed) hence it never gave peace to South Asia.
Islam turned out to be more communal and violent with the result Muslims were 15 per cent in India at the time of partition and are still 15 per cent in India whereas not only from each of Pakistan and Bangladesh, 20 per cent of Hindus have been forced out but hundreds of thousands of Kashmiri Pandits have been driven out from Muslim majority Kashmir. However, Hindu India also has been communal (though less violently) and its secularism has been compromised in two ways
(i) As has been mentioned in my number of articles at-least six writ petitions are required in the Supreme Court to restore secularism in India.
(ii) Pakistan has better title/claim on Kashmir than India due to adverse possession (as India never tried to retrieve Muslim PoJK during last 70 years whereas Pakistan tried to take Indian side of J&K many times in 1947-48, 1965, 1971, during Kargil and by proxy-war).
Unification of Kashmir is the only solution to the chronic and gory Kashmir problem (which brought Indo-Pak region on the brink of nuclear war through Pulwama – Balakot strike in February 2019). However, neither India nor Pakistan will give-up their side of J&K hence Secular Federation of Indo-Pak (which eventually will take Bangladesh with it due to unresolved problem of tens of millions of Bangladeshi infiltrators in India) is the only solution to this chronic, gory, and explosive (due to likelihood of nuclear flare-up) Kashmir problem. So far no political party was coming forward to file following six writ petitions in the SC —
1) Writ petition for query by the SC from the Government of India (GOI) as to when GOI will retrieve PoJK (integral part of India) instead of Indian military showing its ‘bravery’ by training guns under the protection of AFSPA, SPA etc on the civilian citizens of J&K (mainly on Kashmiris) in utter violation of their human/fundamental rights.
2) Before any judgment in Ayodhya title suit pending with the SC, writ petition (otherwise it will be lowering the authority of court which is criminal contempt) for the legally expected restoration of Status-quo-ante of Babri Masjid which was demolished in 1992 in the presence of Observer of the SC. Also with a prayer in this writ petition that the SC should direct GOI to be ready to requisition UNPKF in case communal Hindutva forces create law and order problem all across the country (if security forces of India can go in other countries for maintaining peace through UNPKF then security forces of other countries can also come in India for maintaining peace through UNPKF).
3) Writ petition for quashing of discriminatory (especially against Muslims) all Reservation laws which, in the name of backward castes, is giving reservations to also those castes of Hindus which once ruled in India.
4) Writ petition for abolishing (because discriminatory against Muslims etc. and favouring Hinduism in a secular India) all the laws related to cow protection, beef eating etc which are causing lynching of Muslims and ‘Dalits’ in India.
5) Writ petition regarding fixing the responsibility under sections 129, 130, 131 Cr.P.C. and punishment to executive magistrates and armed forces who failed in stopping riots Delhi 1984 and Gujarat 2002 so that any future communal riot rather massacre of minorities (if any) can be stopped promptly and effectively.
6) Writ petition for getting entire process of discriminatory ‘National Register for Citizens’ (NRC) in Assam dropped/quashed under Article 13 and 14 of the Constitution because
(i) NRC is made only for Assam (and not for entire India) which harasses mostly so-called infiltrators in Assam but not so, for so-called infiltrators in rest of India.
(ii) NRC is made under unconstitutional Assam Accord 1985 (which discriminately grants citizenship rights to illegal migrants up-to 1971 in only Assam and not in other State). Hence the constitutional validity of Assam Accord has been challenged in the SC therefore before deciding this issue it is unconstitutional on the part of the SC to ask for the preparation of NRC in Assam (because if Assam Accord is struck down by the SC then NRC will become illegal and meaningless).
(iii) NRC is being made with religious discrimination because millions of Hindus are illegal immigrants in all over India from Bangladesh, Pakistan etc but India is harassing mostly Muslim illegal immigrants in Assam [Government of India (out of communal discrimination) has already passed in Lok Sabha the ‘Citizenship Amendment Act’ where except Muslims all others, the Hindus, will be granted citizenship who came illegally from Pakistan, Bangladesh etc].
Fortunately now a political party ‘Fauji Janta Party’ has come forward to file these six writ petitions in the SC. On March 11, Ram Mehar Malik, the President of ‘Fauji Janta Party’ (FJP) has talked to the Supreme Court advocate and advocate has agreed to file all six writ petitions. Due to financial difficulty, the FJP has decided to go one by one for these six petitions and initially the first petition about PoJK will be filed this week.
In PoJK petition there will be two type of aggrieved parties as petitioners (i) People of J&K (specially of Kashmir) on whom Indian security forces are training guns under protection of AFSPA etc in utter violation of the human rights of the people of J&K and (ii) Security forces who are required by GOI to train their guns on Indian citizens in J&K instead of asking them to take-on Pak military for retrieve of PoJK. This has also deprived ‘Veer Gati (death worthy of a soldier through fighting a war) to Indian security forces and instead, they are being killed un-honourably at the hands of militant Jihadis. On behalf of Indian security forces, FJP will mobilize veterans of security forces to become petitioners in this writ petition. On behalf of people of J&K if especially some Kashmiris can come forward to become petitioners then it will best serve the purpose.
By the end of this week in addition to this petition about PoJK in SCI the FJP has also decided to start demonstrations all over India (starting from Jantar-Mantar Delhi) for demanding from GOI the recovery of Rs 1,000 lakh crore as Income-tax from about one million tax-evaders (who illegally showed it as agriculture income). This huge revenue will not only solve the myriad problems of India but will also make India an economic and military superpower. The FJP will start both (said petition and demonstrations) by this weekend so that it will send a strong political signal all across India which will help FJP in contesting Lok Sabha election 2019 all across India and State elections too.
It is hoped that people of J&K (especially from Kashmir) will come forward to become petitioners in writ petition being filed by FJP in SCI (which will eventually usher into Secular Federation of Indo-Pak under military pressure) which is the only solution to chronic, gory and explosive Kashmir problem.
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