The constitutional bench of the Supreme Court (SC) has postponed the hearing on the Maratha reservation case till February. It has now decided to hear the batch of petitions challenging and supporting the Socially and Educationally Backward Classes Act (SEBC) on February 5. It is also likely to hear the state government’s plea against an interim order passed by a three-judge bench in September last year, staying all recruitment to government jobs and admissions to educational institutions under the quota.
Earlier, the Apex court has decided to start virtual hearing of the case from January 25.
State public works department (PWD) minister Ashok Chavan, who heads the cabinet sub-committee on Maratha reservation, said that the state had requested the SC to conduct physical hearings, as it is a crucial matter with a wide scope. The apex court said it would take a decision on February 5.
During the hearing senior counsel Mukul Rohatgi, appearing on behalf of the state government, pointed out that as many lawyers are working from different places, and there is a large set of documents involved, it would be difficult to argue the case over virtual hearing. Other senior lawyers such as Kapil Sibal also expressed similar concerns.
“We wanted to make the hearing physical as the Apex court had decided to start the virtual hearing from January 25. Considering its wide scope and involvement of many petitions and lawyers who want to argue on the matter, it would not be possible to complete in virtual hearings. The Bombay high court (HC) has started physical hearing in some cases and the Apex court should also consider the same. As the Apex court said they will discuss and decide on our request on February 5, we are expecting a decision on that day,” Chavan said.
{{/usCountry}}“We wanted to make the hearing physical as the Apex court had decided to start the virtual hearing from January 25. Considering its wide scope and involvement of many petitions and lawyers who want to argue on the matter, it would not be possible to complete in virtual hearings. The Bombay high court (HC) has started physical hearing in some cases and the Apex court should also consider the same. As the Apex court said they will discuss and decide on our request on February 5, we are expecting a decision on that day,” Chavan said.
{{/usCountry}}In the last hearing, the constitutional bench had refused to vacate the stay put by a three-judge bench on recruitment and admissions under the Maratha quota.
BJP has criticised the Maharashtra Vikas Aghadi (MVA) government on the matter, saying they are incompetent. Leader of Opposition and former chief minister Devendra Fadnavis said, “The stand taken by the state government has complicated the case. Every time it comes up with a different stand in court. Only the state government is responsible for what all is happening in the court over Maratha reservation. It has handled the case very badly. There is a lack of coordination and indifference. One doesn’t know the decision taken by another. The action of the state is likely to create a question mark against reservation to all communities.”
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