SC imposes Rs 7,500 cost on Centre for not filing response on PIL for identifying minorities
Jan 31, 2022
New Delhi [India], January 31 : The Supreme Court on Monday imposed a cost of Rs 7,500 on the Centre for not filing its response on a PIL seeking directions for framing of guidelines identifying minorities at the state level as Hindus are in a minority in 10 states.
A Bench of Justices Sanjay Kishan Kaul and MM Sundresh imposed the cost on the Centre was it was informed that the government has circulated a letter requesting an adjournment in the matter.
The top court expressed displeasure over the non-filing of the affidavit by the Union of India saying the government will have to "take a stand" on the issue. It granted "one further opportunity" to it.
"We grant one further opportunity of four weeks to file the counter affidavit subject to deposit of cost of Rs 7,500 to SCBA (Supreme Court Bar Association) Advocates' Welfare Fund," the Bench said while posting the matter for hearing on March 28.
On January 7, the apex court had granted the "last opportunity" to the Centre to file an affidavit within four weeks.
The plea filed by advocate Ashwini Kumar Upadhyay said that Hindus are minorities in ten states and are not able to avail the benefits of schemes meant for minorities.
In his plea, he has also challenged the validity of Section 2(f) of the National Commission for Minority Education Institution Act 2004 for giving unbridled power to the Centre and being manifestly arbitrary, irrational and offending.
The plea said, "Direct and declare that followers of Judaism, Bahaism and Hinduism, who are minorities in Laddakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, can establish and administer educational institutions of their choice in the spirit of the TMA Pai Ruling."
The top court in the TMA Pai Foundation case had held that the state is well within its rights to introduce a regulatory regime in the national interest to provide minority educational institutions with well-qualified teachers in order for them to achieve excellence in education.
The plea added, "Rational basis of declaring certain religions as minority by Central government as they have less population in the states is contravened when benefits of schemes for minority are acquired by those religious minorities in states where they are in majority and those religious communities who are actually minorities are not been given equal status."
