Rajesh Dhanda Vs Union Of India Ministry Of External Affairs & Ors.
The Hon’ble Supreme Court of India has recently on 24th February 2025 declined to entertain a Public Interest Litigation (PIL) seeking intervention to protect Hindus and other minorities in Bangladesh from targeted violence. The issue pertaining to the internal affairs of a foreign nation, the bench comprising Hon’ble Justice Sanjiv Khanna and Hon’ble Justice Sanjay Kumar, emphasized the limitations of the Indian judiciary in addressing matters.
Rajesh Dhanda, the chairman of the Bhagwan Jagannath Rath Yatra Mahotsav Committee in Ludhiana and vice chairman of the ISKON Mandir Steering Board, has filed the PIL. The petitioner urged the court to order the Indian government to stop the alleged crimes against Hindu minorities in Bangladesh by implementing corrective measures. In addition, in order to accommodate Bangladeshi Hindus who have entered to India due to recent violence and persecution, the plea also sought an extension of the timeline under the Citizenship (Amendment) Act, 2019.
Hon’ble Justice Khanna remarked, during the hearing, “It pertains to foreign affairs… how can this court comment upon the affairs of another country? It would be so odd if this court interfered in the affairs of another nation, particularly a neighbouring one. The bench emphasized that the Indian judiciary cannot take jurisdiction of issues concerning the internal affairs or foreign relations of another sovereign nation.
Senior Advocate Mukul Rohatgi, representing the petitioner, accepted the Court’s position and requested permission to withdraw the suit. The Hon’ble Supreme Court granted the request in its judgement , stating: “Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioner, seeks permission to withdraw the present writ petition and states that the petitioner may approach the Government.” Recording the aforesaid, the writ petition is ordered to be withdrawn.”
Further, the petition also requested the Ministry of External Affairs and the Ministry of Home Affairs to provide orders to the Indian High Commission in Dhaka to aid and support Hindu minorities in Bangladesh. According to international law, it also promoted the establishment of international pressure on Bangladesh to stop the alleged atrocities against minority people.
This development is a reflection how the judiciary recognizes the value of respecting neighboring countries’ sovereignty and the division of powers. Although protection of minority right’s is a major priority, the Court has established the boundaries of its jurisdiction and has suggested that these issues are best addressed through political and diplomatic means.
The Citizenship (Amendment) Act, 2019, mentioned in the petition, providing persecuted minorities of Pakistan, Bangladesh, and Afghanistan who came to India on or before December 31, 2014, with a pathway to Indian citizenship. The Act specifically excludes Muslims but includes Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
In the light of this decision by Court, the petitioner may consider addressing the issues brought up with the executive branch, since diplomatic intervention is still the primary way to get involved in the internal affairs of another sovereign state.