Today, the Supreme Court yesterday dismissed a Miscellaneous application that sought the recall of an order dismissing a Public Interest Litigation that had sought directions from the Court to protect the Hindu religion on the basis of the belief that it is in danger and needs protection.
The Court had in February 2023, dismissed the PIL noting that, "The petition is completely misconceived predicated on the general observations that the Hindu religion is in danger and seeks protection from the Court. The petitioner alleges to be a social activist. It would squarely fit into the peg of a publicity interest petition and is accordingly dismissed." It was also observed that the matter had been passed over twice but non appeared for the petitioner. Seeking recall of the order dismissing the PIL, the Petitioner moved the MA.
Dealing with the application, the Bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah at the outset raised the question of the maintainability of the Petition. "How can this be a Petition under Article 32?", asked Justice Kaul. He further remarked, "What is your prayer...directions to authorities to protect Hinduism in India? Now anyone would come and then say that protect Islam or protect Christianity"
The Court also stated to the Petitioner who was appearing in person that determining what should be universally followed is not within the Court's purview. It was also stated that the responsibility for matters such as curriculum lies with the government, not the judiciary.
The Court accordingly ordered, "Restored. Dismissed without merit."
Cause Title: Daudhraj Singh Vs. Union Of India [Diary No. 39115/2023]
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