The Supreme Court on Tuesday forced the Jammu & Kashmir Government to withdraw its affidavit filed in a PIl relating to Muslims being given minority benefits in the State where they are in majority.
Going through the affidavit, the Bench headed by CJI said, "This affidavit makes fun of us. It is a disastrous affidavit." The State represented by senior advocate Rakesh Dwivedi sought permission to withdraw the same with an apology.
The Court had sought the response of both the Centre and State Government on the contentious issue of who is a minority in the State of Jammu & Kashmir, raised by a Jammu-based lawyer Ankur Sharma. The petitioner informed the Court that the process of identification of minorities was held up for want of a Minority Commission. Due to this, Muslims who are otherwise in majority were cornering all benefits and funds aimed at minority welfare.
The Bench, also comprising Justices Adarsh K Goel and DY Chandrachud, asked Additional Solicitor General (ASG) Tushar Mehta appearing for Centre whether he had examined the affidavit filed by the State Government. Mehta said that he did not have the occasion to read the same.
The Bench said, "See their affidavit. It says because of difficulties of State Government due to Amarnath Yatra and the prevailing law and order situation in the State, the authorities could not participate in talks with the Centre."
ASG Mehta informed the Court that consultations with regard to solving the issue at hand was at an advanced stage and there will be a decision within 8 weeks. The bench gave a final opportunity to the Centre extending the time for another three months.
Sharma in his petition alleged that the provisions of the National Commission for Minorities Act were not applicable to Jammu and Kashmir due to Article 370 of the Constitution giving the state a special status. The PIl sought the setting up of a state minority commission for identification of minorities.
According to 2011 Census, the population of Muslims in Jammu & Kashmir is 68.31 per cent. Due to non-identification of minorities, the petitioner claimed that the constitutionally guaranteed rights of minorities were siphoned away by the majority community.