The Supreme Court on Tuesday expressed its displeasure over Union home minister Amit Shah making public speeches in poll-bound Karnataka about the scrapping of the 4 per cent quota for Muslims, terming them as “not appropriate” and reminding that “sanctity has to be maintained” on a matter that is sub judice.
A bench headed by Justice K.M. Joseph made the observation after senior advocate Dushyant Dave, appearing for petitioners challenging the withdrawal of the quota, alleged that Shah’s statement amounted to contempt of court proceedings.
“Why, when matter is sub judice, should such statements be made by anyone, we want to know?” Justice B.V. Nagarathna, the other judge on the bench asked.
Dave alleged that Shah was making public speeches during election meetings to justify the scrapping of the quota despite the apex court taking cognisance of the validity of that decision.
“If this is true, such statements should not be made by public functionaries when the matter is sub judice before this court,” the three-judge bench, which also included Justice Ahsanuddin Amanullah, said.
Solicitor-general Tushar Mehta, appearing for the Karnataka government, sought to defend Shah by saying that his statements needed to be seen in context.
Dave said Shah was “proudly saying that they (BJP government) have withdrawn the 4 per cent reservation”.
“If someone says they are principally against religion-based reservation, it is completely justified,” Mehta said.
Dave countered by saying: “I am sorry to say it is not religion-based reservation.”
Mehta said: “I don’t want to do politics here.”
Justice Nagarathna interjected to say: “We just want discipline to be maintained.”
Mehta said Dave may move an application supporting his allegations so that it may be known in what context Shah had made the statement.
Dave said he would do it by Wednesday.
Justice Nagarathna said: “There should not be statements like this.”
When Mehta said: “We do not know what statement is attributed to him (Shah),” Dave responded by saying: “Mr Amit Shah said 4 per cent reservation for Muslims was unconstitutional and the BJP had removed it.”
Justice Joseph recalled that in 1971, the then Bengal chief minister was held in contempt for holding a media conference defending a rationing order that was pending before the court.
Mehta said a person is also entitled to his fundamental right to free speech and expression.
Justice Joseph said: “We may have reservations about reservations but we can’t let it be politicised in this manner.”
The court adjourned the matter to July 25 on a request from Mehta.