The Supreme Court on Monday asked the Centre and the Jammu and Kashmir government to resolve the question of whether or not Muslims can be considered a minority community in the State and if they can access benefits given to that category of citizens.
A Bench, led by Chief Justice of India J.S. Khehar, termed the issue “very, very important”, and asked both governments to file a proposal in four weeks.
Appearing for the Centre, Additional Solicitor-General Tushar Mehta said the community, which made up over 60 per cent of the population in the State, should be considered a minority.
Comparison to Sikhs
He said Sikhs were considered a majority in Punjab, though they were a minority community nationally.
Gopal Subramaniam, counsel representing Jammu and Kashmir, agreed to sit together with the Centre and discuss the issue.
Earlier, the court had issued notice to the Centre, the State government and the National Commission for Minorities on a plea filed by a Jammu-based lawyer, Ankur Sharma against the minority status of Muslims in the State.
Mr. Sharma said the National Commission for Minorities Act was not applicable in the State because of a caveat put by Article 370 of the Constitution. Te State government was violating Articles 29 (protection of interests of minorities) and 30 (right of minorities to establish and administer educational institutions).
