HC strikes down Centre's proposal on quota for minorities

May 28, 2012

High-Court


Hyderabad, May 28: In a setback to government, the Andhra Pradesh High Court today struck down its proposal to give 4.5 per cent reservation to minorities within OBC quota in central educational institutions and jobs, saying that the decision was based on religious grounds and not on any other consideration.

Slamming the Centre for handling the issue in a "casual" manner", a division bench conspiring Chief Justice Madan B Lokur and Justice Sanjay Kumar set aside the Office Memoranda (OM) for carving out the quota from the 27 per cent reservation for OBCs issued in December 2011.

"In fact, we must express our anguish at the rather casual manner in which the entire issue has been taken up by the central government.

"No evidence has been shown to us by the learned Assistant Solicitor General to justify the classification of these religious minorities as a homogeneous group or as more backward classes deserving some special treatment," the bench said.

"We must, therefore, hold that Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) do not form a homogeneous group but a heterogeneous group," the court observed.

According to K Ramakrishna Reddy, senior counsel who argued for the petitioner R Krishnaiah-- a backward caste leader from Andhra Pradesh, the High Court judgement may affect the admissions that have already been made in central educational institutions such as IITs.

The first OM states that the 4.5 per cent sub-quota is carved out of socially and educationally backward classes of citizens "belonging to minorities" as defined in Section 2(c) of the NCM Act.

The resolution and the second OM created a sub-quota "for minorities".

The very use of the words "belonging to minorities" or "for minorities" indicates that the sub-quota has been carved out only on religious lines and not on any other intelligible basis, the bench observed.

"We have, therefore, no option but to set aside the carving out of a sub-quota of 4.5 per cent in favour of backward classes belonging to minorities out of the 27 per cent reservation for OBCs in both the OMs dated 22.12.2011 and the Resolution dated 22.12.2011. We do so accordingly," the court said.

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Agencies
January 25,2020

Thiruvananthapuram, Jan 25: Kerala Chief Minister Pinarayi Vijayan on Friday asked the state's MPs to take up the matter of deaths of eight Keralites at a resort in Nepal early this week, with the Centre to pursue the matter with the neighbouring country's government.

He was speaking to the MPs at the customary meeting that the Chief Minister has with all MPs ahead of every session of the parliament.

"The demand has come from the families of the victims for a fair probe on what happened and adequate compensation. For this, you (MPs) should take it up with the Centre. A probe has to be done by the Nepal authorities and the Centre should pursue this with them," Pinarayi reportedly stated. 

"We (the state government) have already taken the issue with the Centre and will now send a detailed letter on the need for a fair probe by the Nepal authorities," he added.

The eight dead include Praveen Krishnan Nair, who worked in the UAE and was on a short vacation here, when the tragedy struck the family. His wife Saranya, a second year M.Pharma student, and their three children, were also killed.

On Friday morning, it was a goodbye that Thiruvananthapuram has perhaps not seen before, as hundreds of people, many of them strangers, came to pay last respects to the five members of the Nair family.

The family of Praveen Nair decided to bury the bodies of the three children and cremate the bodies of Praveen and Saranya. It was also decided to bury the ashes of the couple alongside their three children in the compound of their house.

The second family hailed from Kozhikode and the bodies of Ranjith, an IT professional, his wife, who works in a cooperative bank and their younger child, who slept in the same room as that of Praveen, arrived at the Kozhikode airport on Friday morning.

State Transport Minister A.K. Saseendran and many others were there to receive the bodies, which were first taken to Ranjith's new home that is almost complete.

From there it was taken to a hall for all to pay their last respects and then to the family home of Ranjith where the cremation took place.

Watching everything happening was Ranjith's elder son, seven-year-old Madhav, who escaped that night in Nepal as he was sleeping in another room.

Madhav had arrived from Delhi on Thursday and was unaware of the tragedy as he was busy moving around in a new bicycle, which his relatives had bought to keep him busy.

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News Network
March 12,2020

New Delhi, Mar 12: TMC MP Saugata Roy said Home Minister Amit Shah should resign for "failing" to control the riots in Delhi and demanded a judicial inquiry by a sitting Supreme Court judge.

Participating in a discussion on the violence in Delhi in Lok Sabha, Roy said the Delhi riots happened 72 years after Mahatma Gandhi was killed by a Hindu fanatic.

"Gandhiji has been murdered again in Delhi by, you know who," Roy said while addressing the Chair.

Taking on BJP MP Meenakshi Lekhi for defending BJP leaders for their controversial remarks, which he claimed instigated the violence, Roy said he has seldom heard such a communal speech ever.

Dubbing the BJP MP as "Devil's Advocate", Roy said, "She spent five minutes defending the most hated man. May I quote (William) Shakespeare and call her the Devil's Advocate?...She is the best Devil's Advocate possible. She has also been an advocate for the Delhi Police which has shown total inaction and ineptness in this whole riot in Delhi."

Thereafter Roy trained his gun at Shah, who was present in the house while the TMC MP was speaking.

He said that when the riots started on February 24, Home Minister Shah was sitting in the front row at Motera Stadium (in Gujarat) welcoming US President Donald Trump.

"When Mr. Shah should have been in Delhi Police control room, he was welcoming Mr. Trump at Motera. There was no order to the police. Then on 25th, things went out of control. Armed mobs fought with each other on the streets of Delhi," Roy said.

Demanding resignation of Shah, Roy raised questions on NSA Ajit Doval's visit to the riots-affected areas on February 26 and asked what was the Home Minister doing.

"Is it NSA's business to control ordinary law and order situation? Why was the Home Minister absent in action? There is no explanation for the same," he said.

The TMC leader said he feels bad standing face-to-face with Shah.

"He is still young, he has a good future. He should acknowledge responsibility for his failure to control or stop Delhi riots and bring peace in three days. In the name of God, go and do not stay in the Home Minister's position," Roy said, adding he is the man who could not prevent riots in Delhi, at a place 10 kilometres away from the Home Ministry.

Roy demanded a judicial inquiry into the riots by a sitting Supreme Court judge and complete rehabilitation for all the riot victims.

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Agencies
April 13,2020

With the beginning of Ramzan just about 10 days away, Maulana Khalid Rashid Firangi Mahali, the chairperson of the Islamic Centre of India and the Imam of Aishbagh Eidgah has issued an advisory to people on how to observe Ramzan during the lockdown.

In his appeal, the Sunni cleric, who is a member of the All India Muslim Personal Law Board (AIMPLB), has urged people that the holy month of Ramzan is likely to begin from April 25. The lockdown may also be extended beyond April 14.

"In this case, it is advised that people observe roza (fast) and do iftar (meal to break the fast) in the evenings at their homes. There should be no congregational prayers in the mosque but only at homes. Only those who stay or are staying at a mosque should pray there and that too while maintaining adequate social distance," said Maulana Khalid Rashid Firangi Mahali in a video message.

The cleric, in the 12-point advisory, has asked people to fast as is mandatory in Islam and to pray for the end of the pandemic, during the month of worship.

The advisory says that those who used to arrange for iftar of poor and needy persons at the mosque, should continue to do so this year as well but the food should be distributed to the needy.

"Those who conducted Iftar parties in Ramzan should give the money kept for it in charity. Not more than five people should be present at any time at a mosque," the cleric added.

Earlier for April 8 and April 9, both Shia and Sunni clerics had appealed to the people to stay indoors and pray on the occasion of Shab-e-Baraat, respectively. To ensure full compliance of the lockdown, the gates of several graveyards in the city were locked up by the caretakers since traditionally Muslims visit graves of their ancestors on Shab-e-Baraat--the night of Allah's forgiveness, to pray for their ancestors.

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