Pakistan playing Muslim card against India in Salman case, not without legal basis. By Hem Raj Jain
06 Apr 2018
Discarding of resjudicata by Lower Court, legally wrong (ii)- As per High Court, gun allegedly used can’t kill deer (iii)- As per High Court gun allegedly used is same in all three cases (iv)- During SLP in Supreme Court Lower Court can’t give judgment discarding resjudicata (v)- Hindutva party BJP ruling in Rajasthan, highly likely to pander Hindus (Vishnoi community) against celebrity Muslim Salman (vi)- wrong to say judiciary can’t come under influence of Hindutva forces
Due to the conviction of Salman Khan by a Jodhpur Lower Court on April, 5 in the black-buck poaching case, many have risen in support of the icon- including Pakistan foreign minister Khawaja Asif as reported at Salman Khan jailed because he is Muslim, says Pakistan foreign minister. Though in India Pakistan is being criticized for questioning secular credentials of India but Pakistan playing the Muslim card against India in Salman Khan (a Bollywood celebrity) case is not without legal basis, as given below: -
(1)- Like present case (in which Salman has been sentenced for 5 years on April 5, 2018 about incidence of alleged black-buck hunting during intervening night of October 1, 1998 and October 2, 1998) Salman Khan was sentenced in two similar cases (allegedly using same gun on September 26, 1998 and September 28, 1998 for killing black-bucks) by Lower Court and sentences retained by Session Court in appeal. But in both the cases Salman was acquitted by Rajasthan High Court (RHC) in revision petition by giving reason (in addition to other reasons) that the gun allegedly used by Salman cannot kill a deer (black-buck) as per RHC judgment of July 25, 2016 at Page No. 39 & 48 as given at https://drive.google.com/file/d/0BzXilfcxe7yuMWtVVEZGZFo3LVU/view
(2)- But Lower Court in its April 5, 2018 judgment (as given at https://drive.google.com/file/d/15SMDRBpSa6Eup9u48UhjMKm-Lho2GtGK/view ) did not consider this observation of HRC (that this gun can’t kill a deer) and merely considered other irrelevant factors in S.No. 117 & 253 vs 64 of this judgment. Moreover Lower Court failed to understand that when SLP is pending against this RHC order in Supreme Court of India (SCI) the Lower Court is under legal obligation to wait till SCI decides this SLP for the simple reason that if SCI decides SLP in favor of Salman then whatever period Salman spent in prison (due to order of April 5, 2018 of Lower Court) will be legally unnecessary and objectionable and gross violation of fundamental rights of life and liberty of Salman.
(3)- People who are saying (that it is the Court which have passed sentence order against Salman on April 5, 2018 hence there can be no prejudice against a Muslim in it), do not know anything about India. What to talk of Lower Court even communal prejudice of SCI has helped BJP of Hindutva forces in coming to power at centre and in many States of India. Babri Masjid was demolished on December 6, 1992 in presence of Observer of SCI hence SCI is under legal obligation to suo-motto restore status-quo-ante of Babri-Masjid in order to protect the authority of court under section 2 (c ) (i) of Contempt of Court Act. But SCI has not done so and Hindutva forces got emboldened with the result Hindutva forces gained tremendous boost politically, practically all over India
(4)- This is an election year for Rajasthan and Vishnoi community is quite influential as mentioned also at https://www.firstpost.com/india/salman-khan-convicted-in-black-buck-poaching-case-rajasthans-bishnoi-community-vows-to-continue-fight-4419197.html . Salaman is not only a Muslim but a celebrity too hence if Hindutva forces succeed in getting Salman punished through court it will be a great victory (not so much for Vishnoi community but) to Hindutva forces which is going to fight elections in many States (Karnataka, Rajasthan, Madhya Pradesh, Chhattisgarh etc) and for Parliament within a period of one year.
Therefore if Pakistan is really serious about protecting the human rights of Muslims in India then:-
(i)- Pak not only should ask Salman Khan to file appeal and bail petition etc by MAINLY agitating resjudicata issue in Courts (Session, High and Supreme Court) but
(ii)- Pak should also ask Indian Muslims to file a petition in SCI for legally expected (even before any order in appeal about civil title suit in SCI) restoration of Status-quo-ante of Babri Masjid with a prayer that SCI should direct GOI to be ready to requisition ‘United Nations Peace Keeping Force’ (UNPKF) in case Hindutva forces create law & 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)