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
May 24,2020

New Delhi, May 24: Overwhelmed by the donations that poured in from the society for his help, Phool Mia, the fruit seller in north Delhi's Jagatpuri area whose mangoes were looted by the ordinary people, said that those who helped him have made his "Eid" and have shown that "humanity is still alive".

Video footage that went viral on social media, shows that scores of passers-by looted the unattended crates of mangoes of a fruit seller after a fight broke out in the neighbourhood. The incident took place on Wednesday.

"My stock of mangoes worth Rs 30,000 was kept there. Some persons were fighting with each other fearing which I left the place to avoid any sort of altercation. When I returned, I saw that they were looting the mangoes kept there. There were 50-100 people who were involved in this act," Phool Mia, narrated the ordeal.

"A video got viral about the incident after which people donated to me on a portal. They empathised with me when I was ruined. I thank the media and all those people who have donated from the bottom of my heart as they made my Eid. Now, I would be able to celebrate Eid with my children. This shows humanity is still alive," he added.

However, four people have been arrested on the basis of video footage, Delhi Police said.

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Agencies
January 16,2020

New Delhi, Jan 16: The Arvind Kejriwal-led Delhi government on Thursday rejected the mercy plea of Mukesh, one of the convicts in the 2012 Nirbhaya case.

The mercy plea was then forwarded to Lieutenant Governor, who has now sent it to Union Ministry of Home Affairs.

The convicts were sentenced to death for raping a 23-year-old woman in a moving bus in the national capital on the intervening night of December 16-17, 2012.

The victim, who was later given the name Nirbhaya, had succumbed to injuries at a hospital in Singapore where she had been airlifted for medical treatment.

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News Network
March 12,2020

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

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