NEW DELHI, May 10: The Supreme Court on Tuesday expressed displeasure over the Centre taking different stands on the issue of identification of minorities, including Hindus, at the state level and directed it to hold consultations with the states on the issue within three months.
In supersession of its earlier stand, the Centre had on Monday told the apex court that the power to notify minorities is vested with the Union Government and any decision in this regard will be taken after discussion with states and other stakeholders.
The Centre had in March said that it was for the states and Union Territories (UTs) to take a call on whether or not to grant minority status to Hindus and other communities where they are less in number.
A bench of Justices S K Kaul and M M Sundresh said in a matter like this an affidavit is filed that Centre and state both have powers.
“Later, you say the Centre has powers. In a country like ours, which has so much diversification, we understand but somebody should have been more careful. Before these affidavits are filed everything is in public domain which has its own consequences. Therefore, you have to be more careful in what you say,” the bench observed.
Dictating it order, the bench said, ”A fresh affidavit has been filed by the Ministry of Minority Affairs which seems to back out what was said in the earlier affidavit. Something we don’t appreciate. It is now sought to be stated that the question sought to be adjudicated has far reaching ramifications throughout the country.
“The stand has already been taken in the first affidavit. But as per fresh affidavit, the power is vested with Central government to identify minorities…Aforesaid being the position, it is necessary that the exercise is taken by the Centre as proposed. List on August 30,” the bench said while seeking a status report three days before the hearing.
The top court also refused to entertain a plea filed by a Meghalaya based socio-cultural organisation seeking intervention in the matter and asked it to approach authorities concerned with a representation.
Solicitor General Tushar Mehta, appearing for the Centre, sought three months time to hold consultation with the states and submitted that some PILs are filed and simultaneously they go in public domain.
“We cannot file an affidavit without serving it to the other party and the moment we serve it goes in public domain,” Mehta said
He informed the bench that there was a meeting where three ministers of the concerned departments were present along with secretaries and the issues were discussed.
The apex court said these are matters which require resolution and everything cannot be adjudicated. As the hearing commenced, a junior counsel sought pass over saying that Solicitor General Tushar Mehta was busy in some other court. (PTI)
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