SC is angry, Govt unmoved

Taking offence to what it called ‘‘unwanted criticism’’ from Parliament and the Government, the Supreme Court today asse...

Taking offence to what it called ‘‘unwanted criticism’’ from Parliament and the Government, the Supreme Court today asserted that the recent judgment delivered by a seven-judge bench banning state quota and reservation policy in unaided private colleges was merely a ‘‘reiteration’’ of a 2002 verdict by a 11-judge bench.

Chief Justice of India R C Lahoti pulled up Attorney General Milon K Banerjee saying: ‘‘If this is the attitude of the government to go after a judgment without understanding it, then wind up the courts and do whatever you want.”

The outburst came hours before the Government was due to hold an all-party meeting to discuss the proposal of a legislation to get over the verdict of the seven-judge bench on August 12 in P A Inamdar vs State of Maharashtra.

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Justice Lahoti, who is the author of the Inamdar verdict, told Banerjee, ‘‘You must advise your people (Government) to exercise self-restraint.’’

While dealing with a PIL related to reservations for Dalit Christians, a three-judge bench headed by Justice Lahoti said that the controversy over the Inamdar verdict was uncalled for as the court itself had proposed legislation.

In an oblique reference to the statements made by HRD Minister Arjun Singh, the bench said, ‘‘When we said please come up with a legislation, you are talking about confrontation. We are told it is confrontation.’’

The SC evidently feels let down by the fact that the Government did not defend the verdict in Parliament and instead accepted the demand to undo it through a legislation. The bench was ready to adjourn the hearing on a petition by Centre for PIL as its counsel Prashant Bhushan cited personal difficulty but the A-G tried to narrate the initiative taken by the government on the issue of Dalit Christians.

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When he referred to the decision taken by the government last night to set up a Commission for the purpose of identification of communities and thanked the court for not precipitating the matter, the court reacted sharply and said: “The petition raising a serious constitutional issue has been pending for almost a year and the government takes a decision a day before it is scheduled for hearing.” The court, then, went on to express its deep sense of hurt over the criticism of its judgment and asked: ‘‘Why are we told time and again by the government that it is not taking a confrontationist attitude. Who is taking a confrontationist attitude.” When the A-G and Additional Solicitor General tried to explain to the court that they hold it in high esteem, the court said ‘‘Should you not tell your clients to give the respect the courts deserve.’’

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