Lawstreet Journal

Supreme Court imposes cost on the Central government of Rs 7,500 for failing to respond to a petition to identify minorities based on state population [Read Order]

Lawstreet Journal 3 Feb 2022 12:17am

Image courtesy: Lawstreet Journal Judiciary Supreme Court imposes cost on the Central government of Rs 7,500 for failing to respond to a petition to identify minorities based on state population [Read Order]

The Supreme Court on Monday fined the Central government of Rs 7,500 for failing to respond to a public interest litigation petition filed by Ashwini Upadhyay, BJP leader and Advocate [Ashwini Kumar Upadhyay v. Union of India]. He had sought to identify and grant minority status to communities based on their population at the state level.

The Central government was fined by a bench of Justices Sanjay Kishan Kaul and MM Sundresh for missing deadlines to present a response affidavit in the matter.

"We grant one further opportunity of four weeks to learned counsel for the respondents to file the counter affidavit subject to deposit of costs of ₹7,500 with Supreme Court Bar Association Advocates Welfare Fund as requested by the learned senior counsel for the petitioner," the Court said.

The Supreme Court sent notice to the Central government in August 2020, and four adjournments were granted after that.

"We may note that the respondents entered appearance on October 12, 2020 and took time to file counter affidavit. Thereafter counter affidavit has not been filed despite repeated opportunities. On January 7, 2022, last opportunity was granted to the respondent to file counter affidavit within four weeks," the Court said in its order.

According to the appeal, the Central government declared five communities, namely Muslims, Christians, Sikhs, Buddhists, and Parsis, as minorities in a notification dated October 23, 1993, without defining the term "minority" or establishing procedures for identification at the state level.

"Hindus are merely 1% in Ladakh, 2.75% in Mizoram, 2.77% in Lakshadweep, 4% in Kashmir, 8.74%… Continue Reading...


Tagged: Ashwini Upadhyay   Supreme Court of India   minorities   population  
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