Wednesday, Jul 13, 2005
Wednesday, Jul 13, 2005 |
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Legal Correspondent
NEW DELHI: The Supreme Court on Monday declined to entertain a petition seeking review of an 80-year old Lahore High Court judgment describing "Punjabis as liars". A Bench of Justice Y.K. Sabharwal and Justice G.P. Mathur while refusing to review the judgment told the petitioner, Sonia Sood that the observations made by the Lahore High Court then were general in nature and could not be said to be made against one community. The Bench told her that the remarks were made at a particular point of time in history and under peculiar circumstances. The Judges asked her "under which provision of law, you can question a criminal proceeding when an issue which have been buried in law books for 80 years. What is the necessity to rake it up. It is more for media publicity." Ms. Sood, who hails from a traditional Punjabi family of Moga, in her petition submitted that in 1925 two British Judges, Scott-Smith and J.J. Martineau had in a judgment observed "it is well known that inhabitants of Punjab will often in dying declaration not only accuse the actual offenders but will also add the names of other enemies." She said that it was demonstrative of the utter contempt that British Colonialism had for all Indians and Punjabis in particular, who were in the forefront of the freedom struggle as evidenced from the recorded history. She regretted that the Lahore High Court order was never appealed against and remained the law of the land till this date. She prayed for a direction that the derogatory remarks should be expunged from the law books in India. She also sought compensation from the Union Government for the Punjabi community as a whole for failing to appeal against this order even after the country gained freedom and became a welfare state thus transiting from a colonial one.
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