NEW DELHI: The Indian judiciary appears to be becoming independent vis-à-vis Hindu fundamentalists” cases, Unlike during the Nehru era when the judiciary had been tightly controlled ever since the Allahabad judgment against Mrs. Gandhi in 1975, the judiciary now acts even against the Indian ruling party and its government to evidently prove V.P.Singh’s thesis that India’s ruling elite had tilted in favor of the Sangh family, It was in this context that a tribunal early this week struck down Indian government’s ban on the R.S.S. imposed in the wake of destruction of Babri masjid by Hindu fundamentalists. The tribunal also held the ban on the Bajrang Dal illegal but upheld the government section against the Vishva Hindu Parishad, Another tribunal headed by judge P.N.Nag also found the ban action against Islamie Sevak Sangh as justified. The tribunal has still to go into the action against Jamaat-e-Islamt
Earlier, the Jabalpur bench of the Madhya Pradesh high court had struck down the Indian president’s dismissal of the BJP led Madhya Pradesh government although later the Supreme Court had stayed the high court order,
The Indian Supreme Court has not heard the cases of several thousand Sikhs challenging the vires of the antiterrorist law and other similar laws aimed at
Kashmir and Punjab.
Article extracted from this publication >> June 11, 1993