SC dismisses plea seeking ban on IUML & AIMIM for using "Muslim"

New Delhi: The Supreme Court dismissed a plea by an extreme right-wing activist Jitendra Narayan Singh Tyagi, who demanded to ban political parties from using religious names and symbols with religious connotations, impleading IUML and AIMIM.

Earlier, appearing for Tyagi, senior Advocate Gaurav Bhatia had submitted before the court that two recognised state parties have the word 'Muslim' in their name, while some political parties had a crescent moon and stars on their official flags. The petition had impleaded Indian Union Muslim League (IUML), and All India Majlis-E-Ittehadul Muslimeen (AIMIM), Live Law reported.

The top court issued a notice last September seeking the Election Commission of India's response in the matter. The commission responded in a counter-affidavit that there was no express statutory provision under the Representation of Peoples Act, 1951, barring registration of political parties with names having religious connotations.

Appearing for IUML, senior advocate Dushyant Dave argued that the petitioner was selectively impleading certain parties. It asked about Shiv Sena and Shiromani Akali Dal, which use names and symbols with religious connotations. Further, it also argued that the ruling BJP is also using the lotus symbol, which has religious connotations and is, therefore, to be banned.

The top court told the petitioner on Monday not to be selective and reminded him to be fair to everyone and secular. It said that he should not give room for allegations that target only a particular community. The court granted the petitioner the liberty to approach the high court and allowed him to withdraw the petition.

Jitendra Narayan Singh Tyagi, the petitioner, was a Muslim of the name Syed Waseem Rizvi and got converted to Hinduism, adopting his present name. He was a former chairman of the Uttar Pradesh Shia Central Board of Waqfs.