Consent of Attorney General Sought To Initiate Contempt Proceedings Against Information Commissioner For His Remarks on Apex Court Judgement
(Judicial Quest News Newtork)
A lawyer on Monday wrote to Attorney general of India R.Venkatramani seeking his consent intitate criminal contempt of cout proceeding against an Information Commissioner (IC), for making scandalous observations against the Apex Court.
The letter written by an Adovcate-on-Record Aldanish Rein claims that Central; Information Commissioner Uday Mahurkar had lowered the authority of the Supreme Courtof India in his order dated 25-11-2022,.
It pertinent to mention here that All India Imam Organisation Case (Supra), the Supreme had Directed the Waqf boardto give remuneration to imams in mosquesmanaged by it.
The IC in his order observed that the Supreme Court’s 1993 judgement in All India Imam Organisation & Ors v. Union of India & Ors was passed in violation of the provisions of the Indian Constitution, particularly Article 27, which says that the taxpayer.s money will not be used to favour any particular religion.
In its order, the Information Commissioner had directed that the order copy be forwarded to the Union law Minister with the Commssioner’s recomendationfor suitable action.
“Further with regard to the judgment by the Supreme Court in the case between “All India Imam Organisation And … vs Union Of India And Ors” on 13 May, 1993, that opened the doors to special financial benefits from public treasury to only Imams and muezzins in the mosques, the Commission observes that the highest Court of the country in passing this order acted in violation of the provisions of the Constitution, particularly Article 27, which says that the tax payers money will not be used to favour any particular religion. The Commission notes that the said judgment set a wrong precedent in the country and has become a point of unnecessary political slugfest and also social disharmony in the society.”The order issued by Commissioner Uday Mahurkar reads thus.
The Adovacate in his letter, has also objected to observation opf th ICthat giving salaries to Imams and others only in mosques,amounts to not justbetraying the Hindu Community and members of other non-Muslim minority religiousbut also encouraging pan-Islamist tendenciesamongst a section of Indian Muslims which are already visible.
“The Language adopted by the above information commissioner is not only contemptuous but is also an attempt to disgrace the Muslim community and further spread disharmony amongst different communities on the strength of the Supreme Court Order for some ulterior motives.”
It is further submitted that order had lowered the Supreme Court by observing as under.
“A religious (Islamic) nation Pakistan was born out of the demand of a section of Indian Muslims for partition of India along religious lines. Despite Pakistan choosing to be a religious (Islamic) nation, India chose a Constitution guaranteeing equal rights to all religions. It is necessary to note here that it was the policy of giving special benefits to Muslim community before 1947 that played a key role in encouraging pan-Islamic and fissiparous tendencies in a section of Muslims ultimately leading to the nation’s partition. So giving salaries to Imams and others only in mosques, amounts to not just betraying the Hindu community and members of other non-Muslim Minority religions but also encouraging pan-Islamist tendencies amongst a section of Indian Muslims which are already visible. Steps like giving special religious benefits to Muslim community only like the one taken up in the present matter, in fact severely affects interfaith harmony as they invite contempt for the Muslims as a whole from a section of ultra nationalist population.”
The letter tremed Mahurkar’s comments as “contemptuous”and “an attempt”to digrace the muslim Community and further spread disharmony amongst different communities on the strength of the Supreme Court order for some ulterior motives.
This, Rein, said was a clear attempt to scandalize and lower the authority of the Supreme Court. The entire act of the alleged contemnor is a clear attempt to scandalize the Hon ‘ble Supreme Court and tends to lower the authority of the Hon ‘ble Supreme Court, therefore it is requested to grant consent in terms of section 15 of the contempt of courts act, thereby to initiate criminal contempt against the above alleged contemnor.
[Read CIC Order]
