Friday, May 6, 2022

The harmony between the government and the judiciary is fatal to constitutional rights and democracy

 

The harmony between the government and the judiciary is fatal to constitutional rights and democracy:  Dr. Faizan Azizi

 Speaking in the Constituent Assembly, Dr. Ambedkar had said that “…however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. If we observe the achievement of the constitution in the country, it will become clear in the last few years that what Dr. Ambedkar has said this seems to be true, especially since the BJP came to power. Governments have been changing since then and they have often made decisions according to their agenda but with difficulty their decisions seem to be in conflict with the constitution. The job of the judiciary is to protect the democratic rights given by the constitution but seeing the way the judiciary is issuing decisions in the present times, it is sad to say that the judiciary is also following the worry of Dr. Ambedkar. It seems to be happening and seeing that the decisions of the judiciary and the government are being made in harmony with each other, which is not only being done in accordance with the judiciary and the government, which is not only violating our constitutional rights but the image of the country's courts is being badly affected and the decisions of the judiciary are being criticized.


In the Babri Masjid case, the judiciary killed the constitutional rights and upheld the verdict in favour of the government. Surprisingly, the court itself said that it was not proved from anywhere that the temple was demolished and the mosque was built illegally. It was an illegal act to martyr the mosque but still, the judiciary used its special power to replace the mosque with the temple. Following the expiration of the term of the Chief Justice under whom the case was pending in the Supreme Court, the Central Government made him a member of the Rajya Sabha. The Supreme Court had allowed women to enter the Sabarimala temple on the basis of gender equality, on which the Sangh Parivar lamp was found, and the country's Home Minister Amit Shah told the court. Expressing displeasure over the verdict, he said that the court should refrain from interfering in religious affairs. Withdrawing, a petition against the decision had to be accepted.


One of India’s most highly regarded Supreme Court lawyers has said that in applying the “so-called” essentiality test to the question, is the hijab an integral part of Islam, the Karnataka high court has misunderstood the Supreme Court’s 1954 Shirur Mutt judgment (which established the test) and, therefore, wrongly applied this test. Adv Dushyant Dave, who is also the former president of the Supreme Court Bar Association, says that the 1954 judgment also contains a definition of religion which is so wide and all-embracing that it includes different types of food and dress which believers consider essential to their faith. He says that if Muslim girls consider the hijab as integral to their faith, then it is. The hijab is clearly covered by the 1954 judgment’s definition of religion. Dave pointed out that if the Karnataka high court sought to apply the essentiality test contained in the 1954 Shirur Mutt judgment, then it should also have applied the definition of religion contained in that same judgment. He also pointed out that this definition of religion has been repeatedly accepted by the Supreme Court over the roughly 70 years since the judgment was delivered.  "Advocate Gautam Bhatia is an excellent writer and expert in constitutional law. Wrote in an article titled Between Agency and Compulsion: On the Karnataka High Court’s Hijab Judgment and said that  It is an old adage that the manner in which you choose to frame a question will decide the answer that you will choose to give yourself. In today’s judgment by the Karnataka High Court upholding a ban on the wearing of the hijab within classrooms, that giveaway can be seen at page 39 of the judgment, where the Full Bench frames four questions for consideration. He further writes that It is notable that the Court asks itself a question that nobody else had asked. The English newspaper The Hindu has written in its editorial on the subject of Essentially flawed: On the Karnataka High Court’s hijab verdict. An editorial said The Karnataka High Court verdict upholding the ban on the wearing of headscarves by students in educational institutions is wrong on many levels. The manner in which it framed the questions arising from the controversy over Muslim girl students wearing the hijab undermines constitutional principles. The court failed to examine whether the wearing of the hijab, in addition to the prescribed uniform, but without any variation in colour, was ground to refuse entry into a school or college.


Religious freedom includes the ability to choose one's religious attire. The Indian state of Karnataka should not determine the permissibility of religious clothing. Hijab bans in schools violate religious freedom and stigmatize and marginalize women and girls. Another side The United States Commission on International Religious Freedom on Thursday said that the Karnataka High Court’s decision to uphold the ban on wearing hijab in state’s educational institutions was a violation of religious freedom. The ruling is a grave injustice and indignity to women and girls seeking an education in accordance with their faith.” In a press conference, one journalist asked Miss Universe 2021 Harnaaz Kaur Sandhu about hijab she said  “why do you always target girls? You are still targeting me. Like, girls are being targeted on the issue of hijab. They (girls) should live as they wish. Give them, let them reach their destination, let them fly. Don’t cut their wings. If you want to bite, cut your wings.” We are women of different cultures and we need to respect each other”. I was surprised when the students would take the decision of the Karnataka Court to the Supreme Court and their lawyer asked the court to stay the decision of the Karnataka High Court and hear the matter as soon as possible. If the decision is not taken soon, the year of the students will be ruined, which the Chief Justice of the Supreme Court denied and said that the matter should not be made sensational by dragging it out. However, during his visit to the United Arab Emirates, he had said that “Trust in the globalised world can only be built by creating institutions with a strong emphasis on the rule of law,”. Justice Chandradari Singh of the High Court, while dismissing the hearing of the case against the union minister Anurag thakur and Member of Paliament Pravesh verma said that there was no offense if anyone said anything with a smile. In the light of the above few facts, the harmony between the government and the judiciary has become clear to you, regarding which the judiciary has come under the target of a responsible person who is conscious of every section of the society. Shiv Sena leader Sanjay Raut, while commenting on the recent court decision, said that in today's environment he has lost confidence in the judiciary while history has shown that this was the court which had the most powerful Prime Minister of the time. Her election was declared null and void by ruling against late Smt Indira Gandhi. Some time ago, the French government had enacted a law against hijab and niqab, but the court there repealed the law and allowed the wearing of hijab. But the decisions of the present court seem to be in favor of the government of our country which is not only violating the constitutional rights of the citizens but also endangering the democracy of the country. Lastly, I would like to quote just a few words of Justice Qureshi here. In his speech on the occasion of his resignation, Chief Justice of Rajasthan High Court Qureshi said that the negative opinion of the government about me proves my independence. I am shocked at the alleged drastic reduction in the list of lawyers sent by the Supreme Court to the High Court for the appointment of judges. This will reduce the bright judicial intelligence in the bench. He goes on to say that he was surprised to see the list of lawyers recommended by the High Court for appointment in the middle by the Supreme Court. It should be noted that Justice Qureshi's name was repeatedly ignored for promotion in the Supreme Court even though he has been the most senior judge of the High Court in India. It may be recalled that Justice Qureshi was the same judge who had sent Amit Shah (now Union Home Minister) in the custody of CBI in 2010 in the Sohrabuddin Sheikh fake encounter case in GujaratIn addition, the silence of secular parties in the current situation is saying a lot about the oppression of minorities. Especially when the Sangh (RSS) spread in the states under his rule and turned a blind eye to anti-Muslim riots

 

Monday, September 7, 2015

RBI has take action on my suggetion and issue circulation to the bank to put educationloan form and all service detail on bank website

 I wrote letter to Shri Arun Jaitly Finance Minister of India and  RBI Governor Mr. Raghuram Rajan and bring issues related education loan. I told him getting education loan from bank is not easy task many time bank branch managers avoiding to give education loan form to student. I request him to give instruction to banks to put education loan form on bank website along with its criteria. RBI has take action on my suggestion and issue circulation to the bank to put all service detail and education form on bank website.

 I thank to Finance Ministry specially to RBI governor for his positive action and hope along with student other people will benefit. 



After PMO direction the NMDFC revised their lending policy after my suggestion to remove government guarantor condition for minorities to get loan


on 01-12-2214 I wrote to PM Shri Narendra Modi regarding the problems face by minority to get financial aid from Maulana Azad Financial Corporation and other institution special a condition was putted to provide government servant guarantee. I requested to PM remove such type of condition to get basic amount because there are less number of government servant in Muslim community and make easy process. After my request PMO take it seriously and directed to Minority Ministry government of India to take action on it and National Minorities Development Financial Corporation central board revised it lending police and exempt gaurantee for one lack lakh and much more. 

I thanks to PM and hope government in future he will take more possitive action for the upliftment of Minorities specialty for Muslim.




Saturday, September 5, 2015

My views are mentioned in Mr Amit Pandya from Stimson Center Washington, DC USA research title Islam and Politics

Mr.Amit Pandya from Stimson Center Washington, DC USA was doing research on  Islam and Politics Renewal and Resistance in the Muslim World. they invited me in the discussion on the mentioned topic in YMCA, Mumbai Central and after the discussion Mr Pandya prepared his research and published it you can have look at http://www.stimson.org/images/uploads/research-pdfs/IslamPolitics-Appendix_2.pdf

Monday, July 6, 2015

Conquest of Makkah –A Day of Mercy


 
  


Conquest of Makkah- A Day of Mercy





When a person comes in power after getting so much torched by his enemy like when his enemy who had taken the life of members from his family, tortured his friends and beloved or made his life tremendously intolerable? Imagine what would happen to that person when his enemy life was at his mercy? Mostly we find in History such enemies were treated so harsh until he get killed but history shows one great noble personality character who forgive his enemy such person is no one but the Holy Prophet Muhammad Sallalahu alaihe wasallam. The Holy Prophet (Sallallahu alaihi wa sallam) and his followers were troubled by the Quraish for so many years to the point.  Right from the declaration of Prophethood to Hijrah and after that.  They had troubled Muslims, fought wars against them. Time and again they conspired to martyr the Holy Prophet (Sallallahu alaihi wa sallam).  When the Holy Prophet (Sallallahu alaihi wa sallam) had these blood-thirsty enemies at His mercy, While Prophet (Sallallahu alaihi wa sallam) conquest Makka on Ramadan 20, 8 AH (630 AD) and entering Makkah the Prophet (Sallallahu alaihi wa sallam) made sure to request that the non-Muslims or former enemies of the Muslims be shown kindness, He (Sallallahu alaihi wa sallam) gave an order full of mercy and benevolence. He (Sallallahu alaihi wa sallam) announced:
Those who shelter in the Ka’ba are safe; those who shelter in the house of Abu Sufyan are safe, and those who remain confined to their houses are also safe.( Al-Kamil fi al-Tarikh by Ibn al-Athir )

Abu Sufayan was a leader of Quraysh and one of the ardent enemies of the Prophet (Sallallahu alaihi wa sallam) The Meccans were afraid about the impending conquest of their city because the Arabs had lived by the law of retaliation and there was a fear that Muslims would take revenge for the persecution of the Muslims and the losses in subsequent battles. When the Prophet (Sallallahu alaihi wa sallam)  and the Muslims entered the area of the Kaba, he announced clemency for everyone in Mecca who no longer wished to fight the Muslims: This day no reproach shall be on you. God will forgive you; He is the Most Merciful of the Merciful. You can go away free! ( Ibn Hisham Vol-2, page235)

Historic Address of the Prophet:
The Historical address made by the holy Prophet (Sallallahu alaihi wa sallam) after the conquest of Makka it is Allama ibn kasir and ibn Hisham mentioned the Prophet (Sallallahu alaihi wa sallam) said addressed to the people of Makka: "None has the right to be worshiped but Allah. He has fulfilled His Promise and help to His slave. He has alone overthrown all the Confederates. All the rites, privileges and claims to retaliation and blood compensation are beneath my feet except the custody of the Ka'bah and the giving water to the pilgrims. Even cutting down a green tree is not valid within the sanctuary. O you people of the Quraysh, Allah has abolished the haughtiness of paganism and the pride of lineage. Man comes from Adam and Adam came from clay. Allah the Almighty Says (what means): 'O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted'. [Quran, 49:13]
O Quraysh! What do you think I am about to do with you?" "We hope for the best," they replied, "You are a noble brother, son of a noble brother." The Prophet of Allah said in reply, "I say to you what Yoosuf (Prophet Joseph may Allah exalt his mention) said to his brothers: 'Have no fear this day, go your way for you are all free'.(Tarikh Ibn Kaseer Vol4, chapter Fathe Makka,page 240, Ibn Hisham Vol-2, page242 )
Many of the Meccans, who were expecting some sort of punishment, were surprised by the Prophet’s (Sallallahu alaihi wa sallam) statement and some decided to become Muslim. Thus, the conquest of Mecca was bloodless and ended years of warfare and violence between Quraysh and the Muslims.

This event is significant for Muslims because it demonstrates the character of the Prophet (Sallallahu alaihi wa sallam). He could have exacted revenge, in accordance with the traditions of the Arabs, but instead he showed mercy on the Meccans. This is an important reminder for Muslims even to the present day about how conflict should be addressed. Finally, the conquest was a defining moment because it established Islam on the Arabian Peninsula, from there it spread to become a major world religion.

The conquest of Makkah is a magnificent part of Prophet’s (Sallallahu alaihi wa sallam)  life and history, to be greatly reflected upon. It is for both Muslims and non-Muslims to understand it and recognise what it teaches to a community in this age. The reality of life as human beings, that people can change. One of the greatest qualities Prophet (Sallallahu alaihi wa sallam) had was that he could change the heart of his enemies towards love to him, this is a quality of character lacking in today’s society. People who come in power not only take revenge but most of time they torched to other by their all sources to those who not agree with their views. This is reason name sake educated and modern world is losing their morality and inhuman activities take place in the name of cast, religion, sect, country, color and culture. 

Sunday, February 15, 2015

My book Jihad In The Light of Holy Quran got place in Oxford, Cambridge Universities and Trinty college Dulbin of Ireland libraries collection



My book Jihad In The Light of Holy Quran first got place in  Oxford university comparative religion study center  and now it got place in Oxford ,Cambridge Universities and  Trinity college Dublin of Ireland libraries collection also. After 9/11 When I saw there is big universal misunderstanding between term Jihad and Terrorism, due to which the whole world is facing great problems. Then I pick up pen and try to clear the misconcept about Jihad, Here you can see the link

Oxford University Library link:
http://solo.bodleian.ox.ac.uk/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=oxfaleph017183290&indx=1&recIds=oxfaleph017183290&recIdxs=0&elementId=0&renderMode=poppedOut&displayMode=full&frbrVersion=&dscnt=1&vl(103770091UI1)=all_items&scp.scps=scope%3A(NET)%2Cscope%3A(OX)&frbg=&tab=local&dstmp=1325931061077&srt=rank&mode=Basic&dum=true&tb=t&vl(1UIStartWith0)=contains&vl(freeText0)=jihad%20in%20the%20light%20of%20holy%20quran&vl(169119528UI0)=any&vid=OXVU1

Cambridge University library link:
http://search.lib.cam.ac.uk/?itemid=|cambrdgedb|4338629

 Trinity college Dublin of Ireland library link:
http://stella.catalogue.tcd.ie/iii/encore/record/C__Rb13066754__Sjihad%20in%20the%20light%20of%20holy%20quran__Orightresult__U__X4?lang=eng&suite=cobalt

Roznama Sahara report : http://www.roznamasahara.com/Details.aspx?id=128289&boxid=114241567