The Supreme Court on Tuesday, May 9, took serious exception to political statements being made on the sub-judice matter related to the withdrawal of the four per cent Muslim quota in Karnataka for admissions to educational institutions and government jobs. A bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullaj heard the issue.
"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," the bench said, as per a report by PTI.
Senior advocate Dushyant Dave, appearing for the petitioners challenging the 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of the four per cent Muslim quota, said, "Everyday home minister is making statements in Karnataka that they have withdrawn four per cent Muslim quota.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 these statements and said that he was not aware of any such remarks and that if anyone was saying that quota on the basis of religion should not be there, then there was nothing wrong in it and it was a fact.
Justice Joseph said, "Solicitor General making a statement in the court is not a problem but some saying anything on a sub-judice matter outside the court is not appropriate. In 1971, a political leader was hauled up for contempt for holding a press conference against the order of the court."
Dave maintained that such statements were being made every day. Mehta said that the court needs to restrain Dave from making such statements in court and using the court proceedings for the purpose. The bench replied, "We will not allow this court to become a political forum. We are not party to it. We will adjourn the matter."
At the outset, Mehta and Senior Advocate Mukul Rohatgi, who is appearing for the Vokkaligas and Lingayats community members, said that they needed some accommodation from the hearing as the constitution bench matter is hearing the same-sex marriage matter, for which they are arguing. He assured that the interim order passed by the court would continue.
Dave said that it should be till further orders. The bench then directed that the interim orders passed in the last hearing would continue till further orders and listed the matter in July, as per PTI.
What is the matter about?
On April 26, the Karnataka government told the apex court that it had taken a "conscious decision" to not continue with reservation on the sole basis of religion as it is unconstitutional and it has, therefore, scrapped the provision of four per cent quota for the Muslim community.
The state government filed its reply to a batch of petitions challenging its two orders dated March 27, scrapping the four per cent quota for Muslims in the 2B category of the Other Backward Castes and granting benefits of increased quota to Vokkaligas and Lingayats in admissions and appointments to government jobs.
The top court had said that Karnataka's earlier regime granting four per cent reservation to Muslims will continue till May 9, the eve of polling for assembly elections, after the state government sought more time to file its reply, as per PTI.
