April,30,2016:
It is not necessary to change ones Name and also entire family may not convert to other religion.
The Supreme Court has on Friday upheld the election of Congress legislator Mohammad Sadique from the Bhadaur assembly segment.
The bench of justices Ranjan Gogoi and Prafulla C Pant allowed Sadique’s appeal challenging his disqualification from the assembly by the Punjab and Haryana high court.
The bench recorded its finding that it was a settled law that a person can change his religion and faith but not the caste to which he belongs, as caste to which he belong has linkage to birth. “The appellant (Mohd. Sadique) was born to Muslim parents.
He has however has proved that his family members though followed Islam but they belonged to “Doom” community (a scheduled caste community in Punjab). It is proved on the record that the appellant was issued a caste certificate as he was found to be member of ‘Doom’ community by the competent authority, after he declared that he has embraced Sikh Religion, and he was also accepted by the Sikh community,” the SC bench held.
In July, while acting on his plea, the SC had stayed the high court order of disqualifying Sadique as Bhadaur MLA. He was also allowed to participate in the Punjab Vidhan Sabha proceedings. However, he was not allowed to participate in voting.
“It is not essential for anyone to change one’s name after embracing a different faith or religion. However, such change in the name can be a corroborating fact regarding conversion or re-conversion into a religion/faith in appropriate cases. Also, it is not necessary in the law that the entire family of a person should also convert or reconvert to the religion which he has adopted,” the SC held, while accepting Sadique’s plea and contention that he was a popular singer with this name. Hence, did not consider changing the name, but accepted the Sikh religion and followed the rites and traditions of Sikhism.
SC observed that Sadique had proved that his family members though followed Islam but they belonged to “Doom” community and he was issued a SC certificate in 2006, which has not been cancelled or withdrawn so far. Nomination for state election was filed by him five years thereafter.
The high court had earlier disqualified Sadique on April 7 this year following a petition filed by Akali candidate Darbara Singh Guru in 2012, challenging his MLA election. Guru had pleaded that being a Muslim by faith, Sadique was not qualified in Law to contest the election from the constituency reserved for Scheduled Caste (SC) candidates. The high court had consequently set aside Sadique’s election holding that at the time of his election, he was a Muslim by faith and not competent to contest from an SC reserved seat.
Visibly elated over SC verdict, Sadiq said: “I believe in the Indian constitution and the judiciary. And with this judgment today, my faith has only become firmer in these Legal institutions”.
He said he will re-contest from the Bhadaur segment and wants only Darabara Singh Guru to be his opponent. “He (Guru) is frustrated after suffering defeat in election. People love me and they have rejected him in election. But Guru is finding it difficult to digest this defeat,” said Sadique. Read Full Text of Judgment Here-
Mohd. Sadique Case: You can change you Religion but not the Caste
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