Dwivedi: iam not against muslims, all the Muslims in India had hardly anything to do before what happened in 1947 , so we are all bound by fraternity otherwise also so no ill feeling at all. .... Justice Wanchoo and all he learned judges in Basha had witnessed what was happening all through, the two world wars. Justice wanchoo became an IACS officer in 1926 so he is a witness of all that, so why isn't he assuming what is minority and all that etc 

Dwivedi refers to various judgements which hold that FRs cannot be applied retrospectively