Karnataka government withdraws order on Muslim head for minorities panel

BENGALURU: The state government has withdrawn its order justifying the appointment of only a Muslim candidate as the chairperson of the Karnataka State Minorities Commission (KSMC) from the inception of the Commission till date, ignoring members of all other minority communities.

An order dated January 28, 2019 to that effect has been furnished before the division bench of Justice Ravi Malimath and Justice BM Shyam Prasad.

Taking note of it, the court closed the petition filed by B Vinod, an advocate from Shivamogga, challenging the appointment of only a Muslim as KSMC chairperson.

The order said as per Sub-section (2) of Section 3 of KSMC (Amendment) Act 2011, the Commission shall consist of one chairman who shall be a person of minority community consisting of Muslims, Christians, Jain, Buddhist, Parsi and Sikh communities. As per 2011 census, the percentage of Muslim population (12.91%) in Karnataka state is more than 10 times the population of the other five minority communities — Christian (1.87%), Jain (0.72%), Buddhist (0.72%), Parsi (0.1%) and Sikh (0.05%).  

Hence, it has been a precedent that the appointment was made from the Muslim community from the inception of the KSMC.

Accordingly, the successive commissions have been constituted by Government with Muslims holding the post as per Section 3 of the KSMC (Amendment) Act, 2011, said the order passed by the Under Secretary to Government, Minority Welfare, Haj and Waqf Department, while withdrawing the order dated July 14, 2017 with immediate effect.

The secretary added that the matter will be considered afresh after giving an opportunity to the petitioner in due course.

Vinod had moved the high court by filing a public interest litigation petition, seeking directions to the government to follow rotation policy in the appointment and give an opportunity to persons of other minority communities as well.

Vinod had moved the high court in 2018, as the Secretary, Minority Welfare Haj and Waqf Department, passed order dated July 14, 2017, retaining the post for Muslims candidates.