Bihar judiciary asked to furnish minority count

Manish Kumar

Wednesday, July 19, 2006 (Patna):


According to an exclusive NDTV report, after a Muslim count in the Army there's been a similar count in the judiciary.

NDTV has access to letters sent by the Registrar General of the Patna High Court asking for details of how many lower court judges and employees are Muslims.

The letter quotes that the government of India has constituted Prime Minister's high-level committee on the status of Muslims.

The Orissa High Court Registrar has also confirmed that such a letter has been issued to the lower courts two months ago as asked by the Justice Rajnedra Sachar Commission, but the survey is yet to be completed.

So the report has not been submitted to the commission.

Data asked for

In the September letter addressed to all the district and session judges, a proforma is attached which every court in Bihar was asked to fill.

On the left hand side there's a column listing the people starting from the advocate general and district judges right down to Group D employees of all courts.

Each category has to list the number of Hindu and Muslim officers or employees and whether they are SC, ST or OBCs. Incidentally High Court judges are not part of the survey.

According to the official website, under the terms of reference the Rajinder Sachar Committee has been asked to address the share of Muslims employed in the public and private sectors.

A survey of the judiciary has not been mentioned in the document and it's not clear why the caste details have been asked for.

However given the sensitivity of a survey in the judiciary the officer who asked for the survey isn't speaking.

But the representative of the Bihar judicial officers association says the survey is not only in Bihar.

"That was asked in the entire country and in the format it was given and it was not Bihar specific," said S K Singh, Secretary, Bihar Judicial Officers' Association.

However, when contacted by NDTV Justice Sachar committee refused to deny or confirm this and no reports of a similar survey have come in from other states.

Divided opinion

Former high court judges are divided over the survey.

S Ali, Former High Court Justice says there "shouldn't be any kind of survery and reservation.

Along with the Muslims, the backward or Dalit classes are also under-represented. Ideally they should also be represented keeping in mind the percentage of their population in the country or the state," said Ali Ahmed, Former HC Justice.

In fact, even former Chief Justice of India VN Khare has suggested that the move is controversial.

"I don’t think we need a headcount. When there is already reservation, we don’t need this headcount," said Khare.

The PM'S committee is mandated to conduct a detailed survey of the status of Muslims in the country.

First the Army and now with the judiciary bringing up the question of religion, these institutions may well defeat the very principle they stand