SC overrules 1967 Azeez Basha decision, leaves AMU minority status to be decided by regular bench
New Delhi: In a landmark 4:3 decision, a seven-judge bench of the Supreme Court today overruled the 1967 S. Azeez Basha vs. Union of India verdict, which had previously held that an institution created by statute could not claim minority status. The case involves Aligarh Muslim University (AMU) and its long-debated status as a minority institution. The court determined that a statutory basis does not automatically disqualify an institution from minority status and has directed a regular bench to decide the issue based on who was instrumental in establishing AMU.
The majority opinion, led by Chief Justice of India DY Chandrachud, who delivered the judgment on his last working day, was supported by Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra. Dissenting opinions were voiced by Justices Surya Kant, Dipankar Datta, and SC Sharma. The majority concluded that determining an institution’s minority status should focus on who ideated, funded, and founded it, rather than solely its statutory establishment. The 1967 Azeez Basha decision, which barred AMU from claiming minority status due to its incorporation by statute, was thus overturned.
The Constitution Bench was tasked with examining whether AMU, established by the AMU Act of 1920, qualifies as a minority institution under Article 30 of the Constitution, which grants minorities the right to establish and administer educational institutions. The majority stressed that formal statutory language should not override historical and substantive evidence indicating a minority foundation. The bench also questioned the Azeez Basha decision's interpretation of "incorporation" versus "establishment."
The case's origins trace back to a 2006 Allahabad High Court ruling that deemed AMU a non-minority institution, impacting its ability to reserve seats for Muslim candidates. This decision relied on the Azeez Basha precedent, which the Supreme Court has now set aside, opening the way for fresh examination.
Representatives for AMU, including Senior Advocates Dr Rajeev Dhavan, Kapil Sibal, and Salman Khurshid, contended that historical records support AMU's minority roots. Meanwhile, Attorney General R. Venkataramani and Solicitor General Tushar Mehta, representing the Union of India, argued against granting AMU minority status.
The Supreme Court has instructed that further factual findings regarding AMU’s foundation be handled by a regular bench, applying the majority’s new framework for assessing minority status.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
