SC pulls up Centre, imposes cost on plea for recognising Hindus as minority in several States

A bench of Justices S K Kaul and M M Sundresh was informed that the Centre has circulated a letter requesting an adjournment in the matter

The Supreme Court Monday pulled up the Centre for its failure to file its response on a plea, which has challenged the validity of section 2(f) of the National Commission for Minority Education Institution Act, 2004.

It imposed Rs 7,500 cost the Union government.

A bench of Justices Sanjay Kishan Kaul and M M Sundresh noted that the court on January 7 gave time to the Centre as a last opportunity but the Centre has yet not filed its response.

As the Centre's counsel cited the Covid-19 pandemic, the bench said, everything else is happening. You have to take a stand. Don't make excuse which we find very difficult to accept."

The court, while imposing the cost, said that it was not fair that the Centre has yet not filed its response.

Senior advocate Vikas Singh, appearing for petitioner BJP leader and advocate Ashwini Kumar Upadhyay, opposed a plea for adjournment by the Centre.

The court put the matter for consideration in March.

The plea by Upadhyay sought a direction to the Centre to lay down guidelines for identification of minority at the state level saying the Hindus are in minority in 10 states and are not able to avail the benefits of schemes meant for minorities.

It also said followers of Judaism, Bahaism and Hinduism, who are minorities in Laddakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, should be declared minority to establish and administer educational institutions of their choice in spirit of the TMA Pai judgement.

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