31-Jan-2024 11:55 PM
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New Delhi, Jan 31 (Reporter) The Supreme Court on Wednesday, while hearing the arguments on the issue of whether Aligarh Muslim University can be granted minority status under Article 30 of the Constitution and whether a centrally funded university established by parliamentary statute can be designated a minority institution, warned the parties against steering the case into political questions.A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Datta, Justice Manoj Misra, and Justice Satish Chandra Sharma told the lawyers not to make political remarks about this case.Senior Counsel Neeraj Kishan Kaul argued that the AMU was set up by the government and not by Muslims."Establishments. The AMU was established by the British government, and this fact is based on historical findings.MAO: The Muhammadan Anglo-Oriental was dissolved, and AMU was founded by the then-Central Government (the British government) and not by the Muslims. The 1981 Act does not deal with administration at all; it is about establishment being removed regarding the definition of university, etc."The CJI said that the 1920 Act gave AMU the form of a statutory university, but this did not dilute the fact that it was established by Muslims.During arguments, Senior Advocate Yatinder Singh, also the former Chief Justice of the Chhattisgarh High Court, said that other minorities like "Parsis, etc. cannot decide elections, but Muslims can, as their population was 14.2 percent as per the 2011 census, which was the highest.Now they have reached 23 percent. So Muslims as a minority affect the elections, Singh said, and went on to add that Asaduddin Owaisi is a creation of the BJP; they want to divide the Muslim vote, and wherever they combine, they win."The CJI immediately warned Singh not to steer the case into political questions."Let us not steer away from the area of constitutional law. Let us not comment on political personalities," the CJI said.Singh, however, went on to add, "There was a famous mathematician of the last century. He was a Jew. He came to India and went to Allahabad University. He was impressed by the Gita. He always used to quote Gita. He joined AMU as a professor, got trapped there, and ultimately left AMU as it had an anti-Hindu atmosphere.The matter pertains to the fact that AMU was held to be a central university by the Supreme Court in the 1968 case of S. Azeez Basha vs. Union of India. In the said case, the Court also held that a minority status under Articles 29 and 30 of the Indian Constitution cannot be conferred on a Central University.However, the minority status of the institute was later reinstated by bringing in an amendment to the AMU Act of 1920. The amendment was brought about in the year 1981.This was challenged before the Allahabad High Court, which in 2006 set aside the move as being unconstitutional, leading to the instant appeals by AMU before the Supreme Court.The matter was referred to a seven-judge bench in February 2019 by a bench led by then CJI Ranjan Gogoi. In 2016, the Central government withdrew its appeal in the matter.Today marked the seventh day of the hearing in the case. The hearing will continue tomorrow...////...