A petition has been filed in the Supreme Court challenging the validity of the Justice Rajinder Sachar committee report on the social, economic and educational status of the Muslim community and seeks directions to prevent the government from implementing the Sachar Committee Report submitted in 2006.
The plea filed by members of Sanatan Vedic Dharm said the notification dated March 9, 2005, issued from the office of Prime Minister, Government of India, nowhere mentions that same was being issued after any cabinet decision.
Thus, it is clear that the then Prime Minister on his own whims issued the direction appointing the committee to enquire into the social, economic and educational status of the Muslim community whereas by virtue of Articles 14 and 15 no religious community can be treated separately, stated the plea.
"The power to appoint a commission to investigate into the conditions of socially and educationally backward classes vests with the President of India under Article 340 of the Constitution of India. It is relevant to mention that the entire Muslim community has not been identified as socially and educationally backward class and therefore, Muslims as a religious community cannot be treated as a special class entitled for benefits available to backward classes," the plea claimed.
Every executive action/orders of the Government of India have to be taken/issued in the name of the President by virtue of provisions contained in Article 77(1) of the Constitution of India, the petition stated, adding that the appointment of Sachar Committee was made in violation of Article 77 of the Constitution of India and is unconstitutional and illegal.
The petition stated that no commission or committee can be appointed to investigate the conditions of any particular religious committee.
"Muslim community is not entitled to any special treatment for the simple reason that they were the rulers for a long number of years and even during British rule they enjoyed and shared the power, whereas SC/ST category and OBCs of Hindu community were suppressed, tortured, butchered, converted either by force or by allurement and had to face atrocities in the pre-independent era," the petition added.
It further said that in case the Prime Minister of India was interested to initiate any scheme for the betterment of socially and educationally backward classes he should have introduced beneficial schemes for the betterment of SCs/STs. Term of reference would show that the intention of the then Prime Minister was to bring a beneficial scheme for the Muslim community in the garb of the report of Sachar Committee, the plea added.
"Issue direction restraining the Government of India from placing reliance/acting upon and implementing the Sachar committee report submitted on November 17, 2006 in pursuance of Notification issued from Office of Prime Minister, Government of India on March 9, 2005 for running/initiating any scheme/s in favour of Muslim community or for any other purpose," the petition prayed.
( With inputs from ANI )
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