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HomeNewsLatest Legal NewsSupreme Court hear PIL on Minority status for Hindus in 8 States

Supreme Court hear PIL on Minority status for Hindus in 8 States

Supreme Court hearing PIL by BJP leader Ashwini Upadhyay challenging, among others, validity of National Commission for Minorities Act and seeking Minority status for Hindus in 8 States.

Upadhyay: Our main prayer is challenging Section 2f, but even 1993 notification is void after TMA Pai judgment.

Justice Kaul: Let us see the status reports. 14 States have given their comments.

SC: We cannot suddenly decide all this, need to delve into the issue.

Upadhyay: We wish to place on record additional documents. Please see this judgment of HC.

Justice Kaul: Saying what?

Upadhyay: Please see page 2.

Justice Kaul: Can the Minority status be district wise? How can a mandamus be done (for this)?

Upadhyay continues reading.

SC: This will only apply to UP.

Upadhyay: No no, please see second mandamus.

SC: Writ of a State cannot run on …

Justice Oka: Please go through your prayers. You are challenging only 2f?

Upadhyay: This is a batch of pleas. My lordships can separate the pleas.

Upadhyay: Allahabad HC orders by 2002 and 2007 as well as TMA Pai makes the notification illegal. Since then every penny going into minority schemes is …

Justice Kaul: You also started only recently no?

Upadhyay: 2017 my lords.

Order: 14 States have responded, 19 States yet to respond. At the request of the ld ASG (KM Nataraj), 6 weeks time is granted. Within 4 weeks of receiving this order, the 19 States are to communicate their views to the Central government.

Upadhyay: They keep asking for six weeks.

Order: The Petitioner relies on a judgment of the Allahabad HC that has not been assailed.

Legalobserver Desk
Legalobserver Desk


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