Apex court dismisses plea against Sachar panel proposalsJuly 8th, 2008 - 7:24 pm ICT by IANS
New Delhi, July 8 (IANS) The Supreme Court Tuesday dismissed a lawsuit by Vishwa Hindu Parishad leader B.P. Singhal challenging the Sachar Committee’s report that showed Muslims as leading a pitiable life and recommended a host of measures to the government to improve their social condition. A bench headed by Chief Justice K.G. Balakrishnan dismissed Singhal’s plea saying that mere recommendations of one committee or the other cannot be challenged before the court.
The bench, which also included Justice P. Sathasivam and Justice J.M. Panchal, said the courts have no reason to intervene unless some concrete actions, contrary to legal and constitutional provisions, are taken by the government.
The bench said the courts cannot be called upon merely to cancel some recommendations of a committee.
The bench expressed surprise over Singhal’s plea to declare setting up of the Sachar Committee as unconstitutional.
Pointing out that the committee had been established in 2005, the bench asked Singhal as to where was he all these years and why did he choose to challenge its constitution only now.
The bench suggested Singhal’s counsel H.S. Sharma to approach the government to challenge any of its particular step as and when it implements various recommendations, which he finds contrary to the constitutional provisions.
Sharma said he would prefer to withdraw the lawsuit and file another petition challenging various steps of the government being taken presently to implement the recommendations.
Earlier, he termed the committee’s recommendations as unconstitutional, saying that the constitution does not provide for any affirmative action or reservation by the government on the basis of religion.
He said the constitution envisages affirmative action by the government only on the basis of social or educational backwardness to any section of the society.
But it prevents the government from taking actions to improve the conditions of people belonging to any specific religion.