SC asks Centre, J&K to decide if Muslims are minority in state

NEW DELHI: The Supreme Court asked the Centre and the Jammu and Kashmir government on Monday to “sit together” resolve the contentious question of whether Muslims can be treated as minority in the state.

A Bench headed by Chief Justice JS Khehar asked both the governments to resolve the issue and submit a report to it within four weeks.

“This is a very-very important issue. You both sit together and take a stand on it,” the court said when senior advocate Gopal Subramanium submitted that he had advised the J&K government to sit and discuss the issue with the Centre.

“State is responsible for protecting the interest of minorities. But, it may not be necessary to have a state commission. We shall collaborate with the Centre to resolve it,” Subramanium argued during the hearing of a public interest litigation (PIL) alleging that minority benefits are being enjoyed by majority Muslims in the state.

Additional solicitor general (ASG) Tushar Mehta, appearing for the Centre, contended the issue raised before the court was under the law ministry’s consideration.

“Centre issues a list of minorities at the national level. State governments are free to take out their own list. Its possible that a community, declared a minority nationally, may be a majority in a particular state. These issues need to be sorted,” Mehta told the court, seeking some time.

Last month, the apex court had imposed a cost of ₹30,000 on the Centre for not filing its reply to the PIL.

THE COMMENTS WERE MADE DURING THE HEARING OF A PUBLIC INTEREST LITIGATION ALLEGING MINORITY BENEFITS ARE BEING ENJOYED BY MAJORITY MUSLIMS IN THE STATE