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Before a division bench of the Top Court today, the Solicitor General of India Tushar Mehta submitted that "the nature of some PILs are such that the pleadings reach the media before they reach the law officers."

The court was hearing a plea filed by Advocate Ashwini Kumar Upadhyay challenging the validity of  Section 2(f) of the National Commission for Minority Education Institution Act 2004 alleging that it confers unbridled powers on the Centre to declare a community as 'minority'. 

Notably, the Central Government recently filed its affidavit clarifying that the state governments too can declare a particular linguistic and religious group as a minority within the State.

When the matter was called for hearing, the SG sought time as he was yet to go through the affidavit. To this, Justice Sanjay Kishan Kaul remarked "Mr.Mehta, it seems that the affidavit has already appeared in the media."  At this point, the SG remarked as stated above.

Further, Senior Advocate Anupam Lal Das submitted before the bench of Justices Sanjay Kishan Kaul and MM Sundaresh that the matter pertains to "linguistic, religious and political minorities". However, Court and the SG questioned Das as to what was a political minority.

Even the SG went on to say, "I thought a new term had been coined."

To this, Das clarified that the matter pertains only to linguistic and religious minorities and he had, by mistake, said that it also concerns political minorities. 

Senior Advocate Vikas Singh, appearing for Upadhyay submitted that "this Act will have to go. The Centre has to come up with something like RERA where the State also has a say. It is a clear position emerging from many judgments, the Centre may take instruction in this regard as well."

Court, on hearing the parties, adjourned the matter till May 10, 2022, and directed the Central Government to file affidavits in all the matter pertaining to the instant plea. 

Case title: Ashwini Kumar Upadhyay Vs Union of India