Should the
elements that save ‘Q’ be publicly hanged?
The Supreme Court
on Wednesday said the only panacea to rid the country of corrupt
elements was to hang a few of them on the lamp post. "The only way
to rid the country of corruption is to hang a few of you on the lamp
post. The law does not permit us to do it but otherwise we would
prefer to hang people like you at the lamp post," a bench comprising
Justices S B Sinha and Markandeya Katju remarked during arguments
put forth by counsel for an accused.
Lying government to save Quattrocchi
"An extradition
treaty was signed by the British government (before India's
independence) with Argentina, which still survives," former Deputy
Prime Minister L K Advani told a news conference on Feb 26. His
comments came in the wake of External Affairs Minister Pranab
Mukherjee's remarks that India would hold talks with Argentina for
extradition of Italian businessman Ottavio Quattrocchi because both
countries have no extradition pact.
1931 survey to remain basis for OBC quota?
In a development
that holds ominous portends for the Manmohan Singh government’s
quota plans, the Supreme Court on March 7 asked the Centre as to how
a 75-year old sample survey, covering a few villages and a minuscule
percentage of the population, could be the basis for determining
backwardness of OBCs and providing 27% reservation.
“What was the
hurry in providing reservation without collecting authentic and
determinable data? Why didn’t you (the government) wait to gather
the data first and then come out with such reservation?” asked a
division bench comprising Justice Arijit Pasayat and Justice L S
Panta.
The Bench
comprising Justices Arijit Pasayat and L S Panta also wanted to know
why the Centre had not excluded the creamy layer among the other
backward classes from the purview of 27% reservation in central
educational institutions like IITs and IIMs. "How did you quantify
the social and educational backwardness of OBCs as a class and not
as castes as in SCs? Until and unless a full determination of these
indicators is done, how could this Act be given effect to," the
Bench asked.
The Counsels for
the petitioners said that the parliamentary standing committee
attached to the HRD ministry too had favoured a fresh survey to
determine the backwardness of various sections of the society. The
proposal was, however, stonewalled by the Centre.
Pleading for an interim stay on the Central Educational Institutions
(Reservations in Admission) Act, 2006, counsels for student bodies
Fail S. Nariman and P.P. Rao contended that the government has
enacted the law merely to garner political mileage.
Nariman said that, "the government has absolutely no identifiable
caste data" to justify its step to provide 27.5 percent reservation
in educational institutions to SEBC or Other Backward Classes (OBC)
students.
He
pointed out to the bench that the government has sought to provide
27.5 percent reservations on the basis of the last caste-based
census conducted in 1931, which has no relevance in 2007.
He
contended that in the absence of any relevant caste-based data, no
reservation could be provided, as it would run the risk of missing
the targeted population.
On
a suggestion by the bench if the government should be allowed to
implement the law after excluding the creamy layer among the OBCs,
Nariman said that, "that modality too would be as vague as the law
itself" in the absence of any valid caste figures to identify the
targeted beneficiaries.
Nariman and Rao challenged the Mandal Commission's finding, which
put the percentage population of other backward classes in India at
52, saying that these figures are not reliable.
The
Supreme Court Wednesday reserved its verdict on a plea for an
interim stay during the academic session 2007-08 on the latest law
reserving 27.5 percent seats for backward class students in higher
educational institutions.
A
bench of Justices Arijit Pasayat and L.S Panta reserved the verdict
after hearing arguments for 150 minutes for and against the plea for
interim stay on the law during the upcoming academic session.
While reserving the judgment, the bench also directed counsels for
various students' bodies, including the Youth for Equality, seeking
an interim stay on the law, to file their remaining arguments in
written form by March 12.
The judgment in
the case is expected to be out in around 10 days, barely a fortnight
before the UP elections.