NEW DELHI, FEBRUARY 11 Brushing aside the Centre’s opposition to judicial intervention over inclusion of any particular community in the SC list, the Supreme Court today agreed to examine the legality of the issue raised in a petition seeking reservation for Dalits even after their conversion to Christianity.
‘‘It is a crucial issue and we would examine the legal side of the issue on the basis of the rulings cited by the petitioner and the Attorney-General,’’ a bench of Chief Justice R.C. Lahoti and Justice G.P. Mathur said, while adjourning the matter for four weeks.
Opposing the petition filed by the Centre for Public Interest Litigation (CPIL), A-G Milon Banerjee said: ‘‘It’s a matter of policy and legislation and the courts should keep out of it.’’ Banerjee also cited his correspondence with the government urging it to consider the issue ‘‘sympathetically’’. The bench took possession of the A-G’s letters to the government even as Banerjee said the apex court itself had ruled that any amendment to the Presidential order of 1950 regarding inclusion of any particular community in the SC or ST categories was within the purview of legislative action.
Noting that ‘‘it is a very important issue’’, the bench said it wanted to go through the previous rulings of the apex court on this issue.
Banerjee said a request for inclusion of Dalit Christians in the category of SC was rejected by the NDA in 2002. He said the apex court had also ruled that the list of entries in the SC and ST categories under the Presidential order was final and the courts could not ‘‘add or subtract’’.