Supreme Court imposes costs of ₹7,500 on Central govt for not filing response in PIL to identify minorities based on State population

The Supreme Court on Monday imposed costs of ₹7,500 on the Central government for failing to file its response to a public interest litigation petition filed by BJP leader Ashwini Kumar Upadhyay seeking identification and grant of minority status to communities based on their population at the State level [Ashwini Kumar Upadhyay v. Union of India]. .A Bench of Justices Sanjay Kishan Kaul and MM Sundresh imposed the costs on the Central government for not adhering to deadlines to file a counter affidavit in the case. "We grant one further opportunity of four weeks to learned counsel for the respondents to file the counter affidavit subject to deposit of costs of ₹7,500 with Supreme Court Bar Association Advocates Welfare Fund as requested by the learned senior counsel for the petitioner," the Court said..It was in August 2020 that the top court had issued notice to the Central government and thereafter, a total of four adjournments were granted. "We may note that the respondents entered appearance on October 12, 2020 and took time to file counter affidavit. Thereafter counter affidavit has not been filed despite repeated opportunities. On January 7, 2022, last opportunity was granted to the respondent to file counter affidavit within four weeks," the Court said in its order. .However, after the Centre circulated a letter seeking adjournment on Monday's hearing, the Bench proceeded to impose costs..The plea by Upadhyay has challenged the constitutional validity of Section 2(f) of the National Commission for Minority Educational Institutions Act 2004 (NCMEI Act) which defines the term 'minority', empowering the Central government to notify minorities. Pursuant to the same, the Central government through the a notification dated October 23, 1993 notified five communities viz. Muslims, Christians, Sikhs, Buddhists and Parsis as minorities without defining 'minority' and framing guidelines for identification at the State level, the plea said."Hindus are merely 1% in Ladakh, 2.75% in Mizoram, 2.77% in Lakshdweep, 4% in Kashmir, 8.74% in Nagaland, 11.52% in Meghalaya, 29% in Arunachal Pradesh, 3849% in Punjab and 41.29% in Manipur but Central Government has not declared them 'minority' under Section 2(c) of the NCM Act and Section 2(f) of the NCMEI Act, thus Hindus are not protected under Articles 29-30 and cannot establish-administer educational institution of their choice," the petition stated.On the other hand, by using unbridled power under the NCMEI Act, the Centre has arbitrarily declared Muslims as minority, who are 96.58 per cent in Lakshdweep, 95 per cent in Kashmir & 46 per cent in Laddakh, it was pointed out"Centre has declared Christians as minority, who are 88.10% in Nagaland, 87.16% in Mizoram & 74.59% in Meghalaya so they can establish & administer education institution of their choice. Likewise, Sikhs are 57.69% in Punjab & Buddhists are so% in Laddakh and they can establish & administer educational institution but not the followers of Bahaism & Judaism, who are merely 0.1% and 0.2% respectively," the plea claimed.The matter has now been listed for hearing on March 28..[Read Order]