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.
