09-05-2006, 02:20 AM
Kerala HC : oath in Allahâs name valid, but in Sree Narayana Guru's name invalid!
By S. Chandrasekhar
In a judgement, which would have far reaching repercussions on the communal situation in the country and give impetus to the jehadi activities going on in the nation, the Kerala High Court Division Bench consisting of judges K.S. Radhakrishnan and V. Ramkumar held that MLAs taking oath in the name of Allah does not violate the constitutional provisions under Section 193 of the Constitution of India. Madhu Parumala, State Vice-President of the Bharatiya Janata Yuva Morcha, had questioned the oath-taking of 11 Muslim MLAs in the name of Allah, in a public interest writ petition and asked them to be disqualified.
The judges while dismissing Madhuâs petition opined: âWhat is important is not whether a person swears in the name of God or makes a solemn affirmation, but whether he has affirmed that he will bear true faith and allegiance to the Constitution, whether he has affirmed that he would uphold the sovereignty and integrity of India, whether he has affirmed that he would faithfully discharge his duties of the office he is about to assume. When the Muslims take oath in the name of Allah, in Form VII B of Schedule III of the Constitution of India, they are doing it in the name of Supreme God. Allah is Synonym of God. A Christian can swear in the name of Jesus Christ. Similarly, a Hindu can swear in the name of Ayyappa, Shiva or Krishna because gods have different manifestations.â
<span style='color:red'>Strangely, on a similar issue five years back, the Kerala High Court gave an exactly opposite judgement. Umesh Challiyil, MLA from Kodungallur, swore in the name of Sree Narayana Guru (great social reformer of Kerala whom Hindu Ezhavas consider to be God.) The Kerala High Court quashed the swearing-in, imposed penalty on him and asked him to swear again in the name of God. </span>
By S. Chandrasekhar
In a judgement, which would have far reaching repercussions on the communal situation in the country and give impetus to the jehadi activities going on in the nation, the Kerala High Court Division Bench consisting of judges K.S. Radhakrishnan and V. Ramkumar held that MLAs taking oath in the name of Allah does not violate the constitutional provisions under Section 193 of the Constitution of India. Madhu Parumala, State Vice-President of the Bharatiya Janata Yuva Morcha, had questioned the oath-taking of 11 Muslim MLAs in the name of Allah, in a public interest writ petition and asked them to be disqualified.
The judges while dismissing Madhuâs petition opined: âWhat is important is not whether a person swears in the name of God or makes a solemn affirmation, but whether he has affirmed that he will bear true faith and allegiance to the Constitution, whether he has affirmed that he would uphold the sovereignty and integrity of India, whether he has affirmed that he would faithfully discharge his duties of the office he is about to assume. When the Muslims take oath in the name of Allah, in Form VII B of Schedule III of the Constitution of India, they are doing it in the name of Supreme God. Allah is Synonym of God. A Christian can swear in the name of Jesus Christ. Similarly, a Hindu can swear in the name of Ayyappa, Shiva or Krishna because gods have different manifestations.â
<span style='color:red'>Strangely, on a similar issue five years back, the Kerala High Court gave an exactly opposite judgement. Umesh Challiyil, MLA from Kodungallur, swore in the name of Sree Narayana Guru (great social reformer of Kerala whom Hindu Ezhavas consider to be God.) The Kerala High Court quashed the swearing-in, imposed penalty on him and asked him to swear again in the name of God. </span>