Supreme Court Orders Cost On States That Do Not Take Stand On Determination Of Minority Status At State Level
The Supreme Court today firmly directed the States to file their responses in the plea seeking a determination of the Minority Status of religious communities at the state level and also challenging the constitutional validity of the National Minority Commission Act, 1992 and the National Minority Commission Education Institution Act, 2004 to July 2023.
The bench noted that despite the Court’s previous orders, some States are yet to file data and the details as mandated by the Court on earlier occasions. Therefore, the Court even said that if States do not take a stand in six weeks, then they would have to pay a cost of ₹10,000.
Pertinently, it is not the first time that the Apex Court has castigated the States over the delay. Previously, a bench led by Justice Sanjay Kishan Kaul had remarked that it will close the opportunity for the State and UTs to respond, if they do not respond by the next posting.
Today, the Bench of Justice Sanjiv Khanna and Justice Dipankar Datta directed, “Relist on a non-miscellaneous day in the month of April 2024. Last opportunity is granted to the State governments to either furnish the details and the data to the Central government or file affidavits in this Court within a period of 6 weeks from today. In case the data and the affidavit are not filed within the aforesaid time, the State governments shall pay a cost of ₹ 10,000 to pay Supreme Court Lawyers Fund. The Union of India will file its status report at least two weeks before the next date”.
It is pertinent to note that in the last hearing, ASG K.M. Nataraj had submitted that the responses have been received from all the States/Union Territories, except Rajasthan, Telangana and part response from Jammu and Kashmir.
"We fail to appreciate why these States/Union Territories do not respond and thus give last opportunity to the Central government to obtain the responses from them, failing which we will presume that they have nothing to say", the Bench of Justice SK Kaul, Justice Abhay Oka and Justice JB Pardiwala ordered.
The Union Government had filed a status report in the matter containing views of 24 State governments and 6 Union Territories on the subject. It further added that comments from six State governments and Union Territories are still awaited.
Gujarat, Madhya Pradesh and Uttar Pradesh ruled by the Bharatiya Janata Party have taken a stand that the present method of notification of minorities at the Central level is correct and acceptable to them.
The Court on a previous occasion had asked the Petitioner whether he has a concrete case that Hindus are being denied minority status in states like Mizoram or Kashmir. The Bench of Justice U. U. Lalit, Justice Ravindra Bhat and Justice Sudhanshu Dhulia had said that it will consider the PIL if that is the case.
Cause Title: Ashwini Kumar Upadhyay V. Union of India and Ors.