The Hindu : Front Page : Criticism uncalled for, says Lahoti

Online edition of India's National Newspaper
Wednesday, Aug 24, 2005

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Criticism uncalled for, says Lahoti

J. Venkatesan

"Government going after verdict without understanding it"

NEW DELHI: Chief Justice of India R.C. Lahoti on Tuesday expressed the Supreme Court's "displeasure" over the Centre and others criticising the recent seven-judge Bench judgment abolishing government quotas and reservation in private unaided educational institutions.

If the Government was so intolerant it could take steps to close down courts, he told Attorney-General Milon K. Banerjee during the hearing of a petition on reservation for Dalit Christians.

A three-judge Bench, which included Justice G. P. Mathur and Justice P. K. Balasubramanyan, said the criticism was uncalled for as the seven-judge Bench only reiterated the ruling of an 11-judge Bench judgment in the T.M.A. Foundation case in 2002 suggesting that the Government enact legislation to govern higher education. A five-judge Bench (in the Islamic Academy case) also suggested enactment of a law for higher education.

A visibly annoyed CJI said, "When we said please come [up] with legislation, you are talking about confrontation. We are told it is confrontation. You must advise your people [government] to exercise self-restraint. Why are we told time and again by the Government that it is not taking a confrontationist attitude? Who is taking a confrontationist attitude? If this is the attitude of the Government to go after a judgment without understanding it, then wind up the courts and do whatever you want."

The Attorney-General and Additional Solicitor-General Gopal Subramaniam said they held the apex court in high esteem. The CJI said, "Should you not tell your clients to give the respect the courts deserve. If this is the attitude of the Government towards the court then we will go on doing our duty and let them do theirs. This sort of attitude is good neither for the country nor for the Government."

Earlier, the Attorney-General sought adjournment of the petition filed by the Centre for Public Interest Litigation seeking a direction to the Central Government to provide reservation for Dalit Christians. He brought to the notice of the Bench the Government's decision on Monday to set up a Commission for identifying communities for reservation. The Bench told the Attorney-General that the hearing of the case could go on and the Commission could do its job. When he insisted, the Bench agreed to a brief adjournment. Mr. Banerjee thanked the court for not precipitating the matter. This remark resulted in the sharp reaction from the court.

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