Update on Patriots’ Forum’s PIL against Implementation of Sachar Report

The PIL, filed by the Patriots’ Forum in Delhi High Court in the first week of January 2008 against the implementation of Sachar Committee Report, was transferred on 27 March 2008 by the Hon’ble CJ to a Bench comprising Justices TS Thakur and Siddhartha Mridul. The case came up for hearing before this Bench on May 12, 2008. Senior Advocate Shri P.N. Lekhi, appeared both for Patriots’ Forum and Rashtriya Mukti Morcha on whose behalf another PIL was filed by Shri Ravindra Kumar. The Government was represented by Additional Solicitor general PP Malhotra.

Shri Lekhi argued that the Sachar Committee Report was a blatant violation of the Constitution. He dubbed it as an extension of the Pakistan Resolution which had led to partition of the country.

Addressing the Respondent, the Bench commented "You are trying to please one community. Poverty is the common enemy. You should fight against poverty rather than saying that you would fight against poverty for one community only. This is where the rot lies."

"You are saying that more money to be spent for one minority community. Should it not cut across the caste and religion? Does the Sachar Committee say that facilities are available to other communities?" the Bench asked, adding "such issues should not be decided on the basis of emotions".

The Bench further observed, "Does it mean that drinking water facilities are available to the majority community and no person from it lives in slums?" "Under the Constitution, can a welfare state say that it would focus on a particular area because the minority community reside there? Can it say that it would spend more money in that area?" the Bench asked.

The government counsel contended that the PIL was a politically- motivated one and the Court should refrain from deciding these issues. “This is a political issue which cannot be decided in the Court. It is to be decided by the people in election. The High Court had earlier imposed a cost of Rs 50,000 for filing frivolous petition."

Senior advocate P N Lekhi, counsel for the petitioners, objected to the government's contention and said there was nothing called minority community in the Constitution. "The Constitution of India does not recognise any minority or subordinate segment of Indian society as identifiably separate or a sociological group...They (Muslims) cannot be labelled as a minority in the sense of a subordinate group,"

After hearing the contention of both the parties, the Bench was about to issue notice to the Centre but the move was strongly opposed by Malhotra. The Bench, however, objected to the stand of the government saying "it is a serious matter. The area is grey and needs a proper debate." The Court finally passed the following order;

“Post the writ Petition for admission on 21st August 2008 along with the application for intervention filed by Akhil Bharat Hindu Mahasabha.”