MOHD SAKIR ITBARI ANSARI Vs. L S DANEKAR

JUDGEMENT

(1.) RULE. Respondent waives service. By consent RULE made returnable and heard forthwith.

(2.) THE Petitioner in the present case has challenged a part of the show cause notice dated 10th October, 1998 wherein the Petitioner has been called upon to furnish two sureties of respectable people from the locality. THE further condition imposed is that the sureties must be well educated citizens. One practicing the Hindu faith and the other Muslim. THE third condition is that the sureties must be from the same locality and the fourth that they are well educated. It is the contention of the Petitioner that the order of the Special Executive Magistrate imposing conditions calling on the Petitioner to furnish sureties of well educated persons, one practicing the Hindu faith and the other Muslim is not sustainable. Such an order it is pointed out would be contrary to and in violation of Articles 14 and 21 of the Constitution of India. Article 21 sets out that no person shall be deprived of his life or personal liberty except according to the procedure established by law. It is therefore, contended that by imposing a condition as imposed by the learned Special Executive Magistrate the Petitioner's personal liberty is violated under Article 21 apart form action of Magistrate being arbitrary in as much as it is violative of Article 14 of the Constitution of India.

(3.) THAT leaves as with two other conditions imposed viz. that sureties must be persons belonging to particular religious faiths and well educated persons. It is the basic principle of our Constitution that there can be no discrimination. Classification is however possible provided it has reasonable nexus with the object to be achieved. In the instant case the object is to maintain peace in a communally sensitive area. Can communal peace be maintained only if sureties are people professing two different faiths. Can sureties be classified based on the religion they profess. The constitution in respect of certain matters has recognized and granted special protection to religious and linguistic minorities pertaining to their religious beliefs and/or setting up and establishing educational institutions or in matters of their language. Apart from that is it possible to classify the citizens of this country based on their religious group to maintain peace and order. THAT would be against the very basic philosophy of our Constitution which recognise only citizens of India. Classification based on faith to promote the objective of achieving peace may be laudable but in the end self defeating. What happens say if in a communally tense area people professing one religion do not come forward as sureties for a person professing a faith different from them and unfortunately in the present scenario this cannot be ruled out. Does this mean that their freedom is dependant on the faith they profess. This will be totally repugnant to the secular character of our Constitution. Article 15 of the Constitution, sets out that the State shall not discriminate against any citizen on ground only of religion, caste, sex or place of birth or any of them. This is an indication that citizens cannot be discriminated based on their faith, though Article 15 is based on a different precept.