The judge observed that the press reports of the time, when judgement was pronounced, would show that the expression "Indianism" was torn out of the context.
A year after he observed that any person claiming to be a Hindu or Muslim nationalist was working against "Indianism" triggering a row, a High Court judge in Srinagar has said that the term used by him was taken out of context by some persons.
Justice Muzaffar Hussain Attar said while disposing off a petition last week that "Fascist bent of mind, otherwise, called fascism, is abhorrent to and antithesis of 'idea of India', otherwise called 'Indianism' (Hindustaniat)." His remarks came as further elucidation to an order passed by the Judge in October 2013.
"In our constitutional philosophy, there is only one 'ism' that is Indianism. All other isms are sworn enemies of Indianism. Any person claiming to be Hindu nationalist, Muslim nationalist, Sikh nationalist, Buddhist nationalist or Christian nationalist is not only working against Indianism but against the very thought of India," Justice Attar had said in the landmark judgement two years ago.
The judgement had drawn sharp criticism from religious and political groups with Kashmir High Court Bar Association deciding to challenge it in a higher court. It becomes necessary to place on record that a few individuals misunderstood the purport and import of the judgement passed in case titled Sanjay Tickoo and others versus state and others, the court said in the fresh order passed on May 12.
"Despite provocations of few persons the people exhibited highest degree of maturity. It is established fact that like people belonging to other faiths, a Muslim stands guarantee to truth, righteousness and peace," the court said adding "Indianism is Hindustaniat, which is akin to Kashmiriat".
The judge observed that the press reports of the time, when judgement was pronounced, would show that the expression "Indianism" was torn out of the context of the theme of the judgement by a small group of persons.
"The maturity shown by all sections of the society is appreciated by the Institution of Judiciary as also by one and all. The judiciary has, even in extreme adverse circumstances, enforced the laws of the land and protected the rights of the people," he added.
Quoting from the Constitutional provisions, the court said, "the expression 'Indianism' also provides that the state shall not deny any person, which means a Hindu, Muslim, Sikh, Budhist, Christian etc, equality before law or equal protection of laws within the territory of India (Article 14).
The court said it is aforementioned peculiar characteristic of the Indian Constitution, which constitute "Indianism". "The 'Indianism' does not and would not mean that citizens/persons do not have right to practice and propagate their religion.
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