For once, SC gives Centre some relief

NEW DELHI: After a string of judicial jolts over the OBC quota, the UPA government on Tuesday got a face-saver when it succeeded in getting the Supreme Court to advance the final hearing on the anti-quota petitions by over three months to May 8. Although this will lead to continued uncertainty over admissions to centrally funded institutions, it will insulate the government from the pressure of quota enthusiasts.

The government, which appeared reconciled to the inevitability of a year-long delay in acting on the quota promise, decided to change tack after allies and quota enthusiasts in the government put pressure for approaching the court once again. The application was prepared this morning and the government roped in Attorney General Mion Banerjee to represent it.

In an assertion of his judicial prerogative, Chief Justice of India KG Balakrishnan brushed aside the allegations of the counsel for anti-quota PILs that the Centre committed an impropriety by moving a two-judge bench for an early hearing when this plea was declined by another two-judge bench. “I have understood the matter.

It is absolutely my prerogative and privilege to decide which matter is to be heard and which is not. It is an application for an early hearing and it should be heard,” he said as a part of a Bench which also comprised Justice RV Raveendran. However, it was not clear whether the CJI will allow the same bench that dismissed the Centre’s petition to hear the case or use his prerogative and constitute a separate bench for the purpose.

The Centre made the familiar argument that a delay in deciding the case would deprive hundreds of OBCs students their legitimate right. “The court has taken note of the public importance involved in the matters which requires an early hearing.

It is also to be taken note of that an overwhelming number of people’s representatives have unanimously agreed to pass the law in Parliament. Hence an early final hearing of the matter is a necessity,” Milon Banerjee said.

But the counsel for anti-quota PILs said the government was trying to bypass the Bench that passed an adverse order. “The application is a blatant example of the breaking of a 30-year-old tradition and the CJI should not allow this,” argued ML Lahoty. He said the government has made the dismissal of the modification petition a prestige issue and that the Centre was taking the apex court for a ride.

The Chief Justice, however, was not impressed. “Do not shout and do not get excited. We have understood the matter. Go and make your speech elsewhere,” he said. The court, which said that the hearing will begin on May 8, asked the parties to complete the arguments in 10 days.