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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Bengal: Hours after killing of Suvendu's aide, cops say 5 BJP workers injured in bomb attack
Kolkata (PTI): Five BJP supporters have been injured allegedly in a bomb blast in Panihati in West Bengal's North 24 Parganas district, police said on Thursday.
The incident occurred late on Wednesday night, hours after Chandranath Rath, a close aide of BJP leader Suvendu Adhikari, was shot dead by motorcycle-borne assailants, which led to the saffron camp accusing the TMC of unleashing retaliatory violence.
The bomb blast occurred near St Xavier's Institution in Panihati. Unidentified assailants hurled crude bombs at a group of BJP workers, injuring at least five people, police said, adding the injured were admitted to the RG Kar Medical College and Hospital in Kolkata.
According to local sources, BJP workers were interacting with residents on Dutta Road in Panihati's Ward number 2 when a group of motorcycle-borne persons allegedly targeted them with bombs before fleeing.
The BJP alleged that the attackers were backed by the ruling Trinamool Congress, an allegation denied by the Mamata Banerjee-led party.
A senior police official said, "We have started an investigation and are examining CCTV footage from the surrounding areas to identify those involved. Raids are being conducted to nab the accused."
A heavy police deployment has been made in the area.
"We are maintaining strict vigil and appealing to people not to spread rumours. Necessary steps are being taken to maintain peace," the officer added.
Incidentally, the area where the blast occurred is located near the residence of newly elected BJP MLA Ratna Debnath, the mother of the RG Kar Hospital rape victim.
