The High Court of Karnataka on Friday put a rider on the process initiated by the State authorities to examine the issue over demand for a separate religion tag for minority status to Veerashaiva Lingayat/Lingayat community.
The court made it clear that all further proceedings pursuant to a notification, issued by the Karnataka State Minorities Commission (KSMC) on December 22, 2017, constituting a seven-member panel to look into the demand and submit a report, will be subject to the final decision of the court on petitions, which have questioned the actions of the State government as well as the KSMC in examining the demand.
A Division Bench comprising acting Chief Justice H.G. Ramesh and Justice P.S. Dinesh Kumar passed the interim order on the two petitions — filed by one Shashidhar Shanubhog of Shikaripur taluk of Shivamogga district, and M. Satish, a resident of Bengaluru.
Earlier, advocate G.R. Gurumath, arguing on behalf of one of the petitioners, pointed out that the KSMC had no powers to study or recommend grant of religion minority status under the KSMC Act, 1994.
The commission can only discharge functions, described under Section 10 of the Act, with regard to persons belonging to minority communities residing in the State of Karnataka, whom the government has already recognised as minorities, he argued.
Mr. Gurumath also argued that five of the seven members nominated to the committee had already expressed their view in public in favour of grant of religion minority status to Veerashaiva Lingayat/Lingayat community, and hence their nomination is bad. He also contended that the Supreme Court has already barred both the national and the State minorities’ commissions from adding any community to the list of minorities.
Senior counsel Ashok Haranahalli, appearing for another petitioner, pointed out that the commission has taken up the task of examining the demand based on a reference made by the State government, which has no powers under the Constitution to take up such an exercise, which would amount to dividing the society.
Meanwhile, State Advocate-General M.R. Naik claimed that the State government, through the commission, was taking the inputs on the demand for a separate religion minority status before taking further action. Stating that there was no need for the petitioners to rush to the court at this early stage, the A-G said the pleas were made for political purpose.
Who is doing politics, asked Mr. Haranahalli, while pointing out that four Ministers of the State Cabinet are publicly behind the demand and are organising conventions in that regard.
When the advocates for the petitioners requested the court to issue a direction to the panel/commission not to finalise or publish the report of the committee constituted by the commission, the Bench orally observed that the issues raised in the petition require a detailed consideration, and issued notices to the State and Union governments while adjourning further hearing till January 18.
