SC expresses displeasure over non-filing of affidavit by Centre

New Delhi: The Supreme Court Monday expressed displeasure that the Centre has not yet filed its counter affidavit on a plea, which has challenged the validity of section 2(f) of the National Commission for Minority Education Institution Act 2004, and granted one further opportunity to the government to file it subject to cost of Rs 7,500.

The plea, in the alternative, has sought direction to the Centre to lay down guidelines for identification of minority at the state level saying the Hindus are in minority in 10 states and are not able to avail the benefits of schemes meant for minorities.

The apex court, which had on January 7 granted "last opportunity" to the Centre to file counter affidavit within four weeks, said the government will have to take a stand on the issue.

A bench of Justices S K Kaul and M M Sundresh was informed that the Centre has circulated a letter requesting an adjournment

in the matter.

Senior advocate Vikas Singh, appearing for petitioner Ashwini Kumar Upadhyay, said they have an objection to the letter circulated by the Centre only for the limited purpose as the government's stand in the matter would be important and they should at least expedite it.

You have circulated a letter but you are circulating letters only. Everything else is happening. You have to take a stand, the bench told Additional Solicitor General (ASG) K M Nataraj, who was appearing for the Centre.

The ASG, who referred to COVID-19 situation, said the government would take a stand.

Don't make excuse which we find very difficult to accept, the bench said, adding that notice was issued on the plea on August 28, 2020.

The bench said it is not fair that counter affidavit has not been filed by the Centre yet in the matter.

We grant one further opportunity of four weeks to file the counter affidavit subject to deposit of cost of Rs 7,500 to SCBA (Supreme Court Bar Association) Advocates' Welfare Fund, as requested by the senior counsel for the petitioner, the bench said.

The bench, which posted the matter for hearing on March 28, said rejoinder, if any, be filed within two weeks thereafter.

During the hearing, the bench told the ASG that it had on January 7 granted last opportunity to the Centre to file the affidavit.

Do some contribution for some good cause, Justice Kaul said, adding, I must apply Article 14 (Equality before law) uniformly. Not impose cost on you and impose cost on others, that is not fair.