SC dismisses BJP leader’s PIL challenging minority status of Muslims, 4 other communities

News Network
December 17, 2019

New Delhi, Dec 17: The Supreme Court on Tuesday dismissed a petition challenging the validity of the Centre's 26-year-old notification according minority status to five communities — Muslims, Christians, Sikhs, Buddhists and Parsis, saying religion must be considered pan-India.

A bench headed by Chief Justice S A Bobde refused to entertain the PIL filed by BJP leader and lawyer Ashwini Kumar Upadhyay seeking laying of guidelines to accord minority status based on state-wise population of a community.

"Religion must be considered pan-India. What is the problem if Muslims are majority in Kashmir and minority elsewhere in the country," the bench which also comprised Justice B R Gavai and Surya Kant said while dismissing the PIL.

Upadhyay, in his PIL, had sought framing of guidelines to grant minority status to a religious community based on their population in a particular state and claimed that Hindus, which are in minority in eight states, are deprived of minority benefits.

"Languages are restricted state wise. Religions don't have state borders. We have to take a pan-India approach. In Lakshadweep, the Muslims follow the Hindu law," the bench said.

It took note of submissions of Attorney General K K Venugopal, who was asked to assist the court, that there have been judgments of the apex court which say that minority can be decided based on all India population of a religious group.

During the brief hearing, the bench asked senior advocate Mohan Parasaran, appearing for Upadhyay, to show the judgments where it has been held that state-wise population can be considered for granting minority status.

It asked as to how there can be guidelines to decide this and observed, "I don't think we should entertain this".

The bench said languages have been used to create states and it is not the case with religion and hence minority status cannot be granted to a community based on state-wise population.

In his petition, the BJP leader had said Hindus, who are a majority community as per national data, are a minority in several northeastern states and in Jammu and Kashmir.

However, the Hindu community is deprived of benefits which are available to minority communities in these states, the plea had said.

Comments

abdullah
 - 
Wednesday, 18 Dec 2019

BJP leader Ashwini Kumar is misleading the SC and wasting its valuable time.   This trouble maker should be fined for this.   He is not respecting Indian constitution and minorities (other religions).  

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Agencies
February 6,2020

New Delhi, Feb 6: Unemployment rate in the country as per a new survey was 6.1 per cent in 2017-18, the government informed Rajya Sabha on Wednesday.

Minister of State for Labour Santosh Gangwar said the government is conducting a new Periodic Labour Force Survey (PLFS) with new parameters and bigger sample size, and its results cannot be compared with previous surveys in this regard.

"As per the new Periodic Labour Force Survey being conducted by the government, the labour force participation is 36.9 per cent and the rate of unemployment for 2017-18 is 6.1 per cent," he said.

Replying to supplementaries during the Question Hour, the minister said the report of this survey is very different than the surveys conducted in previous years.

This survey is not comparable to previous surveys, he said, adding it was an attempt to provide authentic data with the new survey conducted through the Ministry of Statistics.

"We are focusing on infrastructure development and ease of doing business and India's position in the world has improved. India has improved its position to 63rd rank now in 2019 against 196 in previous years," he said.

"Our government is very conscious of creating employment opportunities and is running such programme which generates employment.

"The way our government is functioning, employment opportunities are being created and the youths are getting jobs also," the minister said.

Gangwar said the government has stopped the previous survey as the sample size was low and an attempt is being made to improve the data by adding various parameters and provide more authentic data.

The minister said it will take time for collection of data as households have to be visited on the ground for authentic data collection in rural areas also.

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News Network
April 26,2020

Dubai, Apr 26: Families were shattered as the three dead bodies of UAE-based Indian expats were returned to the country from New Delhi, India.

Family members waited outside the Indira Gandhi International Airport for hours, but they were later told to go back home as the remains of expats Jagsir Singh, Sanjeev Kumar and Kamlesh Bhatt were flown back to Abu Dhabi, following a new order implemented by India's Ministry of Home Affairs.

Inderjeet, brother-in-law of Sanjeev based in Al Ain, said their family in Punjab was devastated.

"This is a non-coronavirus death. We had a death certificate as proof and all necessary documents from Indian Embassy. But the body was returned while our family members waited outside the airport. This is very shocking," Inderjeet said.

"The body shouldn't have been returned. It's difficult to travel across states due to Covid-19 restrictions and also to arrange the ambulance," he added.

"Now the embassy has told me to come on Sunday. They said hopefully things will be sorted out in a day or two."

Meanwhile, the family of Kamlesh resides in the Indian state of Uttarakhand. This means, with existing travel restrictions, they had to secure permits from different states to reach New Delhi.

Dubai-based social worker Girish Pant, who is in touch with the family, said they are all depressed with the unfortunate turn of events.

"His brother Vimlesh had to return home without the remains. They are all clueless and in pain. With the new order from the Ministry of Home Affairs, I have informed the family that the body will reach them within 48 hours. I am also coordinating with the Indian Embassy," Pant said.

Comments

Ahmed A.K.
 - 
Monday, 27 Apr 2020

Now support BJP

 

Indian origins dont have place to cremate in their own land while our HM is planning to give nationality to minorities of other countries.

 

what a joke man!!!

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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