The Aligarh Muslim University (AMU) has accused the Narendra Modi Government of acting on "political consideration" in failing to acknowledge the institution's "minority" character.
In an affidavit filed before the Supreme Court, the University said that the Centre cannot waive off its right to appeal an Allahabad High Court decision striking down portions of a 1981 law that recognised the Muslim character of AMU, simply with the change of Government as it amounts to "contempt of Parliament".
The affidavit of AMU filed by advocate Nikhil Nayyar supported the 1981 amendment to the Aligarh Muslim University Act, 1920 which recognised AMU as an educational institution established by Muslims of India which originated as Mohammadan Anglo Oriental (MAO) College and subsequently incorporated as AMU vide the 1920 Act. This amendment was passed by the Parliament to remove the law laid down by a 1967 decision by Supreme Court in Azeez Basha v Union of India, which failed to accord minority status to AMU.
Now with the 1981 amendment struck down by the HC and Centre deciding to adopt the 1967 verdict as the final word on the status of AMU, the University in its reply affidavit submitted in Court, "The decision taken after change of Government at the Centre by the present NDA Government led by a member of the Bharatiya Janta Party does not appear to be a sound decision based on cogent and valid reasons, but one based on political considerations."
In support of its contention, the University argued that once Parliament has expressed its collective will, an executive decision cannot term this exercise as "usurpation of judicial power".
It is well settled by this Hon'ble Court that a decision taken at the Governmental level will not be nullified by a change of Government by another political party assuming power, particularly when such a decision affects the interest of the nation as a whole. "The Aligarh Muslim University is the oldest Muslim University in the country. Its minority character means a lot for all the Muslims," the affidavit said. The University insisted upon having an eminent senior lawyer to assist the Court in this case.