We are secular; role in ensuring peace in Kerala after Babri Masjid demolition well documented: IUML to Supreme Court

The Indian Union Muslim League (IUML) is a secular party and its role in ensuring communal harmony and peace in Kerala is well documented, an affidavit filed by IUML before the Supreme Court said [Syed Waseem Rizvi v. Election Commission of India and ors].The affidavit was filed opposing a plea that raised grievance with the registration of political parties that have religious names, symbols, or logos with religious connotations. IUML's affidavit said that the Representation of People Act, 1951 places restrictions on the use of religion only on individual candidates and election agents, and not on political parties per se."The provisions do not contain any prohibition against a political party using a religious symbol, or having a religious connotation; and any attempt at reading into the provision the said inhibition would have the effect of doing violence to the object to the provision," the IUML's affidavit filed through General Secretary PK Kunhalikutty stated. .Pertinently, the IUML stated in its affidavit that it is a secular party and though its primary objective is to protect the cultural and religious identity of Muslims, it functions on consonance with harmony and unity and fully respect India's diverse demography. "Notwithstanding the unsubstantiated averments made by the petitioner, the IUML has been avowedly secular in its functioning," the affidavit underscored.In this regard, the affidavit also highlighted its role in maintaining peace particularly in the aftermath of the Babri Masjid demolition of 1992. "Post the demolition of the Babri Masjid in 1992, the President of IUML, Panakkad Syed Mohammed Ali ShihabThangal made fervent pleas to all sections of society in Kerala to remain calm, and avoid retaliation in any form. It is well documented that Kerala was one of the few States in the country that remained peaceful during that turbulent period," the affidavit said. .The affidavit was filed in response to a public interest litigation (PIL) petition filed by former Shia waqf board chief, Waseem Rivzi (now known as Jitendra Tyagi), who has challenged the practice of political parties having religious names and symbols in their logos. In his petition, Rizvi has contended that using religion for luring voters is strictly prohibited under Section 123 of the Representation of People Act. This Act prohibited a candidate or his agent from mixing political benefits with religious feelings, added the petitioner.The plea further highlighted that the democratic form of government is one of the basic structures of the Constitution of India which is not subject to amendment.In September 2022, the Supreme Court had sought responses from the Central government and Election Commission of India in the matter.The judges had earlier allowed the petitioner to implead those political parties it believed had violated the Representation of People Act in the case. The IUML was one of such parties impleaded in the case. .'Petitioner has come with unclean hands': IUML.In its reply, the IUML pointed out that Rizvi was earlier booked for hate speech. The political party has alleged that Rizvi is a fanatic who has approached the top court with unclean hands, given his criminal antecedents."The Petitioner is a religious fanatic who thrives on fomenting enmity between individuals on the ground of religion and his hatred towards minorities in the country is a well documented fact", stated the reply.The reply further made submissions at length about the secular credentials of the party. In this regard, the IUML submitted:" ... whilst it [IUML] does aim to protect the cultural and religious identity of Muslims; it is with harmony and unity with India's diverse demography and is inherently secular."The party argued that the Election Commission does not have the powers to de-register a political party on grounds of it having religious connotations in their names or symbols. Further, a similar PIL by BJP leader Ashwini Upadhyay is already pending before the Delhi High Court, the reply noted. Moreover, the IUML also recounted in its reply that a legislative bill with text similar to the prayers in the PIL had lapsed in the Lok Sabha back in 1996.In this backdrop, the IUML urged the Court to dismiss the petition with exemplary costs. .The matter is listed for further hearing on Tuesday and is slated to be taken up by a bench of Justices MR Shah and BV Nagarathna.