File better affidavit on vacancies in minorities panel: HC to Centre

The Delhi High Court on Friday asked the Centre to file a “better affidavit” on the issue of filling up the vacancies that have left the National Commission for Minorities (NCM) non-functional and provide State details of the process of appointment as well as the timeline of its conclusion. A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said the status report filed by the under-secretary of the Ministry of Minority Affairs was “absolutely bald and vague”.

“It does not say as to when the ministry initiated the process of appointment and what all are the different stages of the process and after initiation of the said process, it has progressed to what extent,” the court said.

“We thus require the respondent to file a better affidavit giving the aforesaid details and also putting in place a timeline within which the appointments can be enforced,” it ordered.

The court granted two weeks to the Centre to file the affidavit and listed the matter for hearing on February 27.

On January 30, the court had expressed concern on the vacancies in the NCM and observed that the commission was a statutory body which was without any chairperson or member since April last year. The court was dealing with a public interest litigation by petitioner Mujahid Nafees on the issue of vacancies in the NCM. It had asked the Centre to file an affidavit detailing the steps taken by it to fill all the vacancies. Nafees, who claimed to be the convenor of the Minority Coordination Committee, alleged that the complete and systematic incapacitation of the NCM was due to the Government’s abject failure to appoint its chairperson, vice-chairperson and all five members.

“This executive dereliction has rendered a vital statutory body, created by an Act of Parliament for the protection and welfare of India’s notified minority communities, entirely defunct and headless,” the plea said.