THE SUPREME Court on Tuesday conveyed displeasure over public functionaries making remarks on the scrapping of 4 per cent reservation for Muslims in poll-bound Karnataka after it was told that Union Home Minister Amit Shah was making such statements despite the matter pending before it. “If what you are saying is true, then we wonder, why when the matter is sub-judice before the Supreme Court, there should be statements made by anybody as such?” said Justice B V Nagarathna when Senior Advocate Dushyant Dave told the bench, which is hearing petitions challenging the Karnataka government’s decision to scrap the quota, about Shah's alleged statement that the quota was unconstitutional and the BJP had scrapped it. In his submission to the bench, presided by Justice K M Joseph and also comprising Justice A Amanullah, Dave said, “None other than the Home Minister makes a statement that he has withdrawn reservation to the Muslims. It is contempt, according to me. They represent the same government. It is a BJP government in Karnataka.They are proudly saying they have withdrawn.” Taking strong exception to the submission, Solicitor General Tushar Mehta urged the bench not to make any comment without knowing the content of the statement and the context in which it was made. He said it is the right of every individual to take a position on such vital issues and added that it is his statement as well before the Supreme Court that any reservation based on religion is completely unconstitutional. “If someone says they are principally against religion-based reservation, completely justified,” the SG said. He said the petitioner should move an application. “We don’t know what statement is being attributed to.” Turning to Mehta, Justice Joseph said, “You are the Solicitor General, you are appearing in the matter. In an open court you can make that statement, but somebody else from a podium in a public place making a statement is completely different.”
