The Bombay High Court on Wednesday said it will begin the final hearing on petitions pertaining to 16% Maratha reservation on February 6 and continued the stay on appointments in jobs and education under the quota.
A Division Bench of Justices Ranjit More and Bharati Dangre was hearing a bunch of petitions opposing and in support of the reservation. One of them was filed by advocate Jayashri Patil, founder of Indian Constitutionalists Counsel, a forum that opposes the reservation. The plea filed through her advocate Gunratan Sadavarte said, “The legislation that is brought in by Chief Minister Devendra Fadnavis is unconstitutional and it is against the principle and philosophy of reservation. It violates the cap of 50% quota and only 32% remains in the open pool.”
In the last hearing, petitioners in the case had sought a copy of the report submitted by the State Backward Class Commission, based on whose recommendations, the reservation was granted. The court had sought the State’s reply on it. State’s counsel VA Thorat and advocate general Ashutosh Kumbhakoni had said that the government was duty-bound to submit a copy of the report to the court, but it had apprehensions about giving the report to lawyers.
Mr. Thorat had said, “There are some portions which are not relevant to the recommendations but pertain to the history of the Maratha community. Those portions are volatile in nature and may create social unrest.”
Both the counsels on Wednesday once again expressed apprehensions about it. Mr. Kumbhakoni said, “We are ready to submit the entire report, running into 4,000 pages, to the court. However, there are some 20 pages in the report pertaining to the Maratha community’s history, which we do not wish to put in public domain. We fear it would create communal tension and law and order problem.”
The court however told them to submit the entire report by January 28, and on that day, it will decide if the entire report needs to be given to the petitioners or some portions need to be truncated.
