Muslim reservations – Consultations with retired judges and noted lawyers

Hyderabad: BCs Commission has decided to consult legal experts and retired bureaucrats. Authentic sources indicated that the commission desires to commission the services of two retire judges and two senior advocates so that no lacuna is left out in the report. It is reported that BCs Commission is considering to prepare a report taking into consideration previous judgments of Supreme Court and High Court in order to save the recommendations from legal complications. It is expected that the legal experts would soon have a meeting with the commission so as to guide it.

Govt. is anxious to get the report of BCs Commission as early as possible. BCs Commission, therefore, is in favour of submitting its recommendations based on Sudhir Commission’s report. BCs Commission has not yet finalized the visit to districts. The chairman of the commission, Mr. B.S. Ramulu is in favour of visiting the districts. Govt. has indicated that BCs Commission may submit its report by modifying some of the clauses of Sudhir Commission’s report.

It is reported that some of the Govt. officials made an objection that the statistics presented by Sudhir Commission have been taken from some private institutions. Perhaps due to this reason, Govt. of Telangana sent Sudhir Commission’s report to BCs Commission and displayed it on website without presenting it in Telangana Assembly.

According to reliable information, BCs Commission is getting ready to finalize its report by the end of this month. A senior retired IAS Officer who had played a key role in the finalization of report on Muslim reservations during the period of Dr. YSR suggested that BCs Commission should review the status of Muslims on its own. It should also include certain other Muslim communities into BCs list. An apprehension was made that the report prepared on the basis of public hearing and Sudhir Commission’s recommendations will not be acceptable to courts.

In Archana Reddy case, A.P. High Court had set aside Muslim reservations saying that it does not have sufficient data and also proper procedure was not followed for determining the backwardness of the Muslims. The commissions set up earlier, have indicated various reasons for determining the backwardness of the Muslims. The senior retired IAS Officer should determine the backwardness of the in such a way that it should be acceptable to courts.

It may be mentioned that in the judgment pronounced in Mandal Commission’s case, Supreme Court opined that in inevitable situations, reservations could exceed 50%. In such a case , BCs Commission can suggest reservations over and above 50%.

–Siasat News