The Hindu : National : Supreme Court won’t set aside Sachar report

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Supreme Court won’t set aside Sachar report

Legal Correspondent

New Delhi: The Supreme Court on Tuesday dismissed a writ petition seeking a direction to restrain the Centre from implementing the recommendations of the Justice Sachar Committee suggesting preferential treatment to Muslims.

Chief Justice K.G. Balakrishnan, heading a three-judge Bench told counsel for the petitioner, B.P. Singhal, former BJP member of Parliament: “You want us to set aside the report. It is not possible. We won’t restrain the government from implementing the report. We will not interfere. Why don’t you apprise the government of your grievances? You can’t challenge a report or its recommendations. If you are aggrieved by a specific government action, you can challenge that.”

Counsel said implementation of the report would entail a loss to public exchequer.

Pointing out that the committee was constituted in 2005, Justice P. Sathasivam asked why the petitioner was challenging it now. Counsel then withdrew the petition and the Bench dismissed it as withdrawn. Justice J.M. Panchal was the other judge on the Bench.

Mr. Singhal said that according to Article 46 of the Constitution, preferential treatment or affirmative action was possible for uplift of the Scheduled Castes, the Scheduled Tribes and other weaker sections but no selective discrimination could be made in favour of a particular community on the basis of religion.The implementation of the committee report was violative of basic structure of the Constitution.

For, it was constituted only for bestowing some special benefits on Muslims, thus discriminating against other minorities, Mr. Singhal said.

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