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Tuesday, Oct 04, 2022

SC reserves ruling on pleas against Maratha quota law

A five-judge bench headed by Justice Ashok Bhushan heard arguments for ten days on whether the 1992 judgment by a nine-judge bench needs to be reconsidered and the effect of the 102nd amendment on the power of the states to identify Socially and Educationally Backward Classes so as to provide them reservation.

Hearing the matter Thursday, the bench said that “all reservations may go” some day and only a quota based on economic criteria may remain, but clarified that these are matters of government policy.

The Supreme Court Friday reserved its decision on a batch of petitions challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2018, which provides reservation to the Maratha community in jobs and admissions, taking the total quota beyond the 50 per cent cap fixed by the apex court’s 1992 ruling in the Indra Sawhney case.

A five-judge bench headed by Justice Ashok Bhushan heard arguments for ten days on whether the 1992 judgment by a nine-judge bench needs to be reconsidered and the effect of the 102nd amendment on the power of the states to identify Socially and Educationally Backward Classes so as to provide them reservation.

Hearing the matter Thursday, the bench said that “all reservations may go” some day and only a quota based on economic criteria may remain, but clarified that these are matters of government policy.

Earlier, the bench had said that the 50 per cent ceiling “is a manifestation of the right to equality” and wondered what would happen to the concept of equality if the ceiling is scrapped.

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SC reserves order on plea to stop Rohingya deportation

New Delhi: The Supreme Court on Friday reserved its order on a plea seeking the release of Rohingya refugees detained in Jammu and Kashmir and to direct the Centre not to deport them back to Myanmar.

A bench headed by Chief Justice S A Bobde reserved its order with the Centre stating that they will be sent back only if there are orders from Myanmar and the petitioner contending that they face genocide if sent back.

Appearing for the petitioner – Rohingya refugee Mohammed Salimullah – Advocate Prashant Bhushan told the bench that the mere fact that the country responsible for their fleeing wants them back cannot be grounds to send them back when it is known that they face a risk their life. This, he added, is the principle of refoulement.

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Solicitor General Tushar Mehta pointed out, “There was a similar application for Assam… We said we will follow law… We are always in touch with Myanmar and if they confirm, then they can be deported.”

The SG said that a lot of illegal immigrants have entered the country and are staying as Myanmar nationals. ENS

First published on: 27-03-2021 at 09:43:51 am
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