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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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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News Network
April 20,2020

New Delhi, Apr 20: With 1,553 more COVID-19 cases, India's total number of coronavirus cases has reached 17,265, the Ministry of Health and Family Welfare said on Monday.

Out of the total cases, 14,175 cases are active, while 2,547 people have been cured/discharged/migrated and 543 deaths have been reported, as per the ministry.

As many as 36 deaths have been reported in the last 24 hours.

According to the Ministry of Health and Family Welfare, Maharashtra continues to be the worst-affected state with a total of 4,203 cases. While 507 patients have recovered, 223 deaths have been reported.

Delhi comes next with 2,003 cases, out of which 72 patients have recovered while 45 patients have died.

Rajasthan has confirmed 1,478 cases, out of which 183 people have recovered while 14 patients are dead.

Tamil Nadu has reported 1,477 cases, out of which 411 have recovered and 15 have succumbed to the virus.

Madhya Pradesh has reported 1,407 cases, including 127 patients recovered and 70 patients dead. On the other hand, Uttar Pradesh has 1,084 COVID-19 positive cases.

In Kerala, which reported the country's first COVID-19 case, 402 people have been detected positive for coronavirus.

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News Network
June 19,2020

New Delhi, Jun 19: Petrol price on Friday was hiked by 56 paise per litre and diesel by 63 paise a litre, taking the cumulative increase in rates to Rs 7.11 and Rs 7.67 per litre respectively in less than two weeks.

Petrol price in Delhi was hiked to Rs 78.37 per litre from Rs 77.81, while diesel rates were increased to Rs 77.06 a litre from Rs 76.43, according to a price notification of state oil marketing companies.

Rates have been increased across the country and vary from state to state depending on the incidence of local sales tax or VAT.

This is the 13th daily increase in rates in a row since oil companies on June 7 restarted revising prices in line with costs, after ending an 82-day hiatus in rate revision.

In 13 hikes, petrol price has gone up by Rs 7.11 per litre and diesel by Rs 7.67 a litre.

The freeze in rates was imposed in mid-March soon after the government hiked excise duty on petrol and diesel to shore up additional finances.

Oil PSUs Indian Oil Corp (IOC), Bharat Petroleum Corp Ltd (BPCL) and Hindustan Petroleum Corp Ltd (HPCL) instead of passing on the excise duty hikes to customers adjusted them against the fall in the retail rates that was warranted because of fall in international oil prices to two decade low.

International oil prices have since rebounded and oil firms are now adjusting retail rates in line with them.

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