6 months ago
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Allahabad High Court precocious asked the Uttar Pradesh authorities to ace down connected radical who person converted to Christianity but proceed to avail benefits meant for Scheduled Castes (SC).
A Bench of Justice Praveen Kumar Giri successful its bid passed connected November 21 cited an bid of the Andhra Pradesh High Court which said that caste-based favoritism does not beryllium wrong the Christian faith, and truthful the ground for Scheduled Caste classification stands nullified upon conversion, irrespective of the beingness of immoderate antecedently issued caste certificate.
The Bench besides cited a Supreme Court bid which observed that claiming caste-based benefits simply for the intent of availing preservation aft conversion amounts to a “fraud connected the Constitution.”
The tribunal dismissed the plea filed by Jitendra Sahani who has been accused of promoting enmity betwixt 2 religions and outraging the spiritual feelings of a peculiar community. In his plea, Mr. Sahani stated that helium simply sought support to organise a gathering connected his ain onshore to “preach the words of Jesus Christ” but constabulary falsely implicated him successful the case.
The police, however, told the tribunal that the applicant, who belonged to the Kewat community, had stated his religion to beryllium Hinduism successful his affidavit but had really converted to Christianity. One of the witnesses, quoted by the constabulary successful the chargesheet, submitted that Mr. Sahani utilized to allure mediocre radical to person to Christianity. The witnesser further alleged that the accused utilized filthy, abusive and absurd connection astir Hindu deities.
Noting the applicable provisions of the Constitution (Scheduled Caste) Order, 1950 nether which nary idiosyncratic who belongs to a assemblage different than Hindu, Sikh oregon Buddhist shall beryllium deemed to beryllium a subordinate of a Scheduled Caste, the High Court asked the District Magistrate of Maharajganj to instrumentality strict enactment against Mr. Sahani if helium is recovered blameworthy of forgery by claiming to beryllium Hindu successful tribunal documents portion being a Christian priest.
“.....Strict enactment indispensable beryllium taken against him to forestall specified affidavits from being filed earlier the Court successful the future,” the tribunal said.
It besides directed the Cabinet Secretary, Government of India, and the Chief Secretary, Government of Uttar Pradesh, to look into the substance of Scheduled Castes, Scheduled Tribes and Other Backward Classes arsenic good arsenic the provisions of instrumentality and enactment successful accordance with law, arsenic mentioned above. Similar directions were issued to the Principal Secretary oregon Additional Chief Secretary, Minorities Welfare Department, Government of Uttar Pradesh, and each District Magistrates successful the State to look into the substance and instrumentality due enactment truthful that the instrumentality whitethorn beryllium executed successful its existent sense.
