The underrepresentation of the Muslim community in all sectors is much known but it is really matter of great concern when it comes to judiciary. A report published in Indian express depicts that the highest court of the country is currently running without a single judge from the community.
This is the first time in 11 years, and only the second instance in nearly three decades, that the SC has been without a Muslim judge.
Justice M Y Eqbal and Justice Fakkir Mohamed Ibrahim Kalifulla, elevated respectively in December and April 2012, who retired this year, were the last judges appointed in 2012.
Importantly, there are only two Muslim Chief Justice at high courts-Bihar’s CJ Iqbal Ahmed Ansari, a resident of Assam, retires next October while Himachal’s CJ Mansoor Ahmad Mir, a resident of J&K, retires in April 2017.
The SC has a maximum strength of 31 judges and currently has 28. Four more judges will retire this year — Justice V Gopala Gowda and Justice Chockalingam Nagappan in October, followed by Justice Shiva Kirti Singh and Justice Anil R Dave in November.
Expressing concern over the apex court not having any representation from Muslim community, former Chief Justice of India K G Balakrishnan said, “Hope it gets a Muslim judge soon,” .He further added, “It’s not a question of their rights being denied, it’s a question of proper representation of all religions, castes and regions at the apex court. In many countries, special provisions are made to ensure the proper representation of all regions, religions and communities at the national court.”
Of the 196 retired and 28 present justices and chief justices that have served in the Supreme Court, 17 or 7.5 per cent have been Muslims. Of these, four rose to become CJI — M Hidayatullah, M Hameedullah Beg, A M Ahmadi and Altamas Kabir. The first woman judge of the Supreme Court was a Muslim: Justice M Fathima Beevi, who served from October 6, 1989, to April 29, 1992.
It may be motioned here that the wait for the next judge from this community could get longer because of the ongoing tussle between the executive and the judiciary over the procedure for appointment of judges.
The present government’s attitude towards the community is not hidden now as it is hell bent on ensuring the community does not get its due.
But Bangladeshi Hasina has infested Supreme court with Hindu Judges just to hang Muslim Party & similarly she has appointed Hindus in nook & corner & appointed Indian Army Spies for her safety forget that ALLAH SWT alone is the protector & none else.