The Supreme Court on Tuesday refused to hear a petition challenging the registration of Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) as a political party by the Election Commission of India. Petitioner Tirupati Narasimha Murari had alleged that AIMIM only promotes the interests of the Muslim community and seeks votes on the basis of religion, which is against the principle of secularism of the Constitution.
Supreme Court’s comment
A bench of Justices Surya Kant and Joymalya Bagchi made it clear that they would not interfere with the decision of the Delhi High Court, which had already dismissed the petition. The court said that the petitioner is given the freedom to file a new writ petition, in which he can raise larger issues related to the functioning of political parties and electoral reforms.
Petitioner’s argument
Advocate Vishnu Shankar Jain, on behalf of the petitioner, argued that the constitution of AIMIM only talks about advancing the interests of the Muslim community, which is against Section 29A of the Representation of the People Act and the spirit of the Constitution. He also said that if a party talks about promoting Vedas or Upanishads, it will not get registration, while AIMIM talks about promoting Islamic education and Sharia law.
Court’s response
The Supreme Court said that the Constitution gives special rights to minorities and if a party talks about working for their interests, then it is not objectionable. The court also said that religious names or objectives are not objectionable as long as they remain within the ambit of the Constitution. At the same time, the court also held that seeking votes on the basis of caste or regional sentiments is equally dangerous.