KARNATAKA: “Public functionaries should not make statements on sub-judice matters,” the Supreme Court remarked on Tuesday while taking serious exception to the political statements being made on sub-judice matters related to the withdrawal of the 4 % Muslim quota in Karnataka.
A bench led by Justice KM Joseph said that some sanctity needs to be maintained when there is a court order.
Although the bench adjourned the pleas challenging the GO that scrapped the 4% reservation granted to Muslims under the OBC quota and instead distributed the same equally among the dominant Vokkaliga and Lingayat communities for July but recorded SG Tushar Mehta’s statement that the assurance of non-implementation of order scrapping 4% quota would continue until further orders.
The remarks were made by the bench pursuant to taking note of the submissions by Senior Advocate Dushyant Dave that Home Minister Amit Shah made public statements taking credit for scrapping.
A bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullaj said, “When the matter is pending before the court and there is a court order on Karnataka Muslim quota, then there should not be any political statements on the issue. It is not appropriate. Some sanctity needs to be maintained”.
Senior advocate Dushyant Dave, appearing for the petitioners challenging scrapping of the four per cent Muslim quota, said, “Everyday home minister is making statements in Karnataka that they have withdrawn four per cent Muslim quota. Why should such statements be made?”
Solicitor General Tushar Mehta, appearing for the Karnataka government objected to the statements being made, saying he is not aware of any such remarks and if anyone is saying that quota on the basis of religion should not be there, then what is wrong and it is a fact.
Even on April 25, Karnataka Govt had assured SC that it would not make any appointment or admission on the basis of its March 27 GO. Solicitor General Tushar Mehta submitted before a bench of Justices KM Joseph and BV Nagarathna that its assurance would hold the field till the next date of hearing. “The affidavit is ready. However today, I am before the constitution bench. Can this be taken up next week?” Mehta submitted.
Opposing the pleas challenging the GO, Karnataka Govt has told the SC that reservation solely on the basis of religion is unconstitutional, contrary to the mandate of Articles 14, 15 and 16 of the Constitution of India and principles of social justice and secularism.
Karnataka Govt in its 1678-page affidavit has said that just because the decision was before polls, timing etc cannot be pointed out unless Petitioners can show that the reservation was Constitutional and permissible. “Merely because reservations have been provided in the past on the basis of religion, the same is no ground for continuing the same for perpetuity, more so when the same is on the basis of an unconstitutional principle,” the affidavit has said.
According to the state, it adopted conscious governance initiatives through affirmative action to address social and economic backwardness and to make public service more inclusive and representative of the population.
