SC upholds Mohd Sadique’s election as Cong MLA

Saturday, 30/04/2016

http://epaper.dailypostindia.com/Details.aspx?id=155783&boxid=63200&uid=&dat=2016-04-30

Chandigarh : A piece of good news for the noted Punjabi singer Mohammed Sadique as well as his party-the Indian National Congress. The Supreme Court on Friday upheld his election as Congress MLA from Bhadaur assembly constituency, which was reserved for the Scheduled Caste in Punjab polls 2012. Sadique’s election had been challenged by the Shiromani Akali Dal (SAD) candidate Darbara Singh Guru, a retired IAS officer, who served the Chief Minister Parkash Singh Badal in previous term as his Principal Secretary.

Sadique had bagged 52,825 votes, whereas his nearest rival Guru could secure 45,856 votes but admitting the case, after thorough deliberations, the Punjab and Haryana High Court on April 7, 2015 had held that Sadique being a Muslim could not have contested from the constituency reserved for SC candidates. Sadique then approached the Supreme Court, challenging the High Court verdict. The apex court’s bench comprising Justices Ranjan Gogoi and Prafulla C Pant has now set aside the Punjab and Haryana High Court’s judgment.

In July, acting on his plea, the SC had stayed the HC order of disqualification, and he was also allowed to participate in the Vidhan Sabha proceedings. However, he had been restrained from participating in any voting in the House. The SC, as learnt, pointed out that Sadique had embraced Sikh religion on April 13, 2006, and got this fact published in newspapers on January 4, 2007. Prior to this, he had got a Scheduled Caste certificate issued by the competent authority, showing him as belonging to the ‘doom’ community which came under the SC category. “Admittedly, the appellant was born to Muslim parents. However, he has proved that his family members followed Islam but they belonged to Doom community. It is settled law that a person can change his religion and faith, but not the caste to which he belongs as caste has linkage to birth,” the apex court held.

Sadique had pleaded that he did not change his Muslim name as he had become a popular singer with it, but followed the rites and traditions of Sikh religion. Accepting the plea, the Supreme Court ruled: “It is not essential for anyone to change one’s name after embracing a different faith. However, such change in name can be a corroborating fact.” The Bench also clarified that it was not necessary in law that the entire family of the converted person should “convert or reconvert to the religion to which he has gone.”