Minority status to Hindus: Supreme Court imposes fine on Centre over failure to file counter affidavit [31.1.2022]

31.1.2022, Monday, New Delhi

New Delhi: The Supreme Court has imposed a fine of Rs 7,500 on Central government over its failure to file counter affidavit in a PIL seeking minority status for Hindus in eight states despite repeated Opportunities.

The apex court granted four weeks as the last opportunity to the Centre to file its counter affidavit in a PIL challenging validity of Section 2(f) of the National Commission for Minority Education Institution Act 2004, for failing to recognise minorities at the state level.

The PIL has sought minority status for Hindus in eight states where they are in minority.

Citing the 2011 Census, BJP leader and petitioner Ashwini Kumar Upadhyaya pointed out that Hindus are a minority in Lakshadweep (2.5 per cent), Mizoram (2.75), Nagaland (8.75), Meghalaya (11.53), J&K (28.44), Arunachal Pradesh (29) Manipur (31.39) and Punjab (38.40).

The last opportunity has been granted subject to the deposit of cost amounting to Rs 7,500 to the Supreme Court Bar Advocates' Welfare Fund.

"We grant one further opportunity for four weeks to file counter subject to deposit of cost of Rs. 7,500 to SCB Advocates' Welfare Fund as requested by the senior counsel for the petitioner. Within the same time, rejoinder be filed within two weeks thereafter. The next hearing has been listed on March 2," the court said

A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said after it issued a notice in the matter on Aug 28, 2020, the Union Government had entered appearance on Oct 12, 2020, to file a counter-affidavit, which had not been filed to date though the last opportunity was granted by the bench on January 7, 2022.

Perturbed that it is high time for the central government to take a stand with respect to the concern raised in the petition, the bench remarked, "Don't make an excuse, Mr. Nataraj, that we find difficult to accept. On Aug 28, we issued notice to you. On 12.10.2020 we granted time to file counter. After that how many opportunities have gone by. You have not filed the counter for three months now, this is not fair. You have to take a stand."

Appearing on behalf of Centre, Additional Solicitor General KM Nataraj has assured the court that he will file the affidavit in two weeks. He cited the prevalent COVID-19 situation in the country for the delay in filing the counter.


01 Feb 2022