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Ankur sharma versus UOI & Ors.

IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (PIL) No. Of 2016
(UNDER ARTICLE 32 of THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
Ankur Sharma, Age 29 Years
S/o Sh. Chander Kumar
R/o Ward No. 16, Shivanagar
Kathua (J&K)-184104      …..Petitioner
VERSUS
1. The Union of India,
Through its Secretary, Ministry of Minority Affairs,
11th Floor, Paryavaran Bhawan, CGO Complex,
Lodhi Road, New Delhi.-110003
2. The National Minority Commission,
Through Its Chairperson,
5th Floor, Lok Nayak Bhawan, Khan Market,
New Delhi, 110003.
3. The State of Jammu & Kashmir,
Through Its Chief Secretary,
Civil Secretariat, Srinagar (J&K)-190001.
4. The State of Jammu & Kashmir,
Through Its Commissioner/Secretary,
General Administration Department,
Civil Secretariat, Srinagar (J&K)-190001.
5. The State of Jammu & Kashmir
Through its Commissioner/Secretary,
Ministry of Social Welfare
Civil Secretariat, Srinagar (J&K)-190001.
6. The State of Jammu & Kashmir
Through its Commissioner/Secretary
Department of Law, Justice & Parliamentary Affairs,
Civil Secretariat, Srinagar (J&K)-190001.

7. The Accountant General (Audit), J&K,
Exhibition Ground, Srinagar-190001.
8. The J&K State Vigilance Organization,
Through its Director,
Vigilance Headquarters, Airport Road
Peer Bagh, Srinagar-190014.
9. The Senior Superintendent of Police,
Vigilance Organization, Jammu
Behind Civil Secretariat, Jammu-180001.
10.The Senior Superintendent of Police,
Vigilance Organization, Srinagar,
Peer Bagh, Airport Road, Srinagar-190014.        ….Respondents

A WRIT PETITION IN THE NATURE OF PUBLIC INTEREST
UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA SEEKING CONSTITUTION OF A STATE MINORITY
COMMISSION FOR THE STATE OF JAMMU AND KASHMIR SO
THAT THE RELIGIOUS AND LINGUISTIC MINORITIES OF THE
STATE COULD BE IDENTIFIED AND NOTIFIED BY THE STATE
GOVERNMENT AND THEIR INTERESTS BE SAFEGUARDERD BY
ENFORCING THEIR FUNDAMENTAL RIGHTS ENSHRINED
UNDER ARTICLES 29, 30, 14, 15, 19(1)(2), 21 26 (A) AND
OTHER RELEVANT PROVISIONS OF THE CONSTITUTION OF
INDIA
AND
HIGHLIGHTING THE FACT OF DISBURSEMENT OF MINORITY
BENEFITS THROUGH VARIOUS GOVERNMENTAL SCHEMES
ESPECIALLY P.M’S NEW FIFTEEN POINT PROGRAMME
ILLEGALLY AND ARBITRARILY ACCORDING TO THE WHIMS
AND CAPRICES OF THE SUCCESSIVE STATE GOVERNMENTS
TO COMMUNITIES NOT IDENTIFIED AND NOTIFIED AS
RELIGIOUS AND LINGUISTIC MINORITIES THEREBY DENTING
THE SECULAR CHARACTER OF THE STATE OF J&K.

To,
The Hon’ble Chief Justice of India & His Companion Judges of
Hon’ble Supreme Court of India
The Humble Petition of the
Petitioner above named
Most Respectfully Showeth:
1. That the petitioner is filing the instant writ petition in public
interest to safeguard interests of religious and linguistic minorities
of the state of Jammu and Kashmir and for the enforcement of
their Fundamental Rights enshrined under Articles 29, 30, 14, 15,
19(1),19(2), 21 and 26 (a), highlighting the fact of non-identification
and non-notification of the said minorities in the State of Jammu
and Kashmir coupled with disbursement of minority benefits
illegally and arbitrarily according to the whims and caprices of the
successive State Governments.
Introduction of the Petitioner:
2. That the petitioner namely Ankur Sharma is a resident of Ward No.
16, Shivanagar, Behind Sheep Husbandry Kathua, Jammu and
Kashmir-(184104) having e-mail ID as ‘ankur.dharma@gmail.com’
and mobile contact number as 9622257548. The Permanent
Account number (PAN) of the petitioner is DYIPS7160E.
3. That the petitioner is B.E (I.T) from the University of Pune and LL.B
from the Law Centre-1 of the Faculty of Law; Delhi University. The
petitioner is also enrolled as an Advocate on the rolls of J&K High
Court Bar Association provisionally and is a practising Advocate in
the High court of Jammu and Kashmir at Jammu. The petitioner is
a public spirited person, a native of Kathua (Jammu & Kashmir)
and is a Civil Rights activist as well. The petitioner is fighting
corruption at various levels and is actively engaged in creating
awareness among the masses regarding their rights. A Civil
Miscellaneous Application (CMA) No. 48/2014 in WPPIL No.
19/2011 titled Prof. S.K Bhalla V/s State of J&K & Ors seeking CBI
probe in the infamous 25,000 Crore Roshni Land Scam has been
filed by the petitioner in the Hon’ble High Court of Jammu &
Kashmir. Apart from this, WPPIL 41/2014 titled Ankur Sharma V/s
State of J&K & Ors challenging the constitutional validity of the
J&K State Lands (Vesting of Ownership to the occupants) Act, 2001
along-with two accompanying Miscellaneous Applications seeking
eviction of encroachers from the State Lands and Digitization of
Revenue records have also been filed by the petitioner in the
Hon’ble High Court of Jammu & Kashmir. Another WPPIL No.
29/2015 titled Ankur Sharma V/s State of J&K and Ors on illegal
mining in river Ravi has been filed by the petitioner in the High
Court of J&K at Jammu. A copy of the identity card/membership
card of the petitioner issued by the J&K High Court Bar
Association, Jammu is enclosed here-with and marked as
ANNEXURE-P1 (Page ______).
4. That through the instant petition, the petitioner seeks relief for
such injury caused or likely to be caused to the religious and
linguistic ‘minorities’ in the state of Jammu and Kashmir on
account of their lawful share being siphoned off illegally and
arbitrarily owing to the non identification of the said minorities and
extension of minority benefits to the unqualified sections of the
population thereby encroaching upon the fundamental rights
guaranteed under Articles 29, 30, 14, 19 and 21 of the Constitution
of India. Consequentially all minority rights in the state of Jammu
and Kashmir have been left redundant, otiose and subject to
arbitrary exercise of authority.
5. That the petitioner is filing the instant petition purely in public
interest and there is no personal gain, private motive or oblique
reason in filing the instant Public Interest Litigation.
6. That there is no civil, criminal or revenue litigation involving the
petitioner which has or could have a legal nexus with the issues
involved in the instant Public Interest Litigation.
Representation to the concerned Authorities:
7. That a detailed representation dated 03.02.2016 for taking
appropriate steps in implementing and ensuring Rights available to
the Religious and Linguistic Minorities in the State of J&K and
preventing diversion/swindling of Central and other Funds meant
exclusively for the Minorities was sent by the petitioner to all the
concerned authorities but no action till date has been taken by
either of them. A copy of the representation dated 03.02.2016 is
enclosed here-with and marked as ANNEXURE-P2
(Pages________________).
8. That the proof of communication of the above-mentioned
representation which happen to be speed post receipts is enclosed
here-with and marked as ANNEXURE-P3 (Pages________________).
9. That the petitioner had sent an application to the State Vigilance
Organization through its Director, SSP Jammu and SSP Srinagar
on 01.04.2016 requesting them to register an F.I.R regarding
corruption in the implementation of the P.M’s New 15 Point
Programme and other schemes meant for religious and linguistic
minorities in the state of J&K. The organization has chosen not to
respond to my application/complaint till date. A copy of the said
application is enclosed here-with and marked as ANNEXUREP4(Pages__________).
10. That the proof of communication of the above-mentioned
application which happen to be speed post receipts is enclosed
here-with and marked as ANNEXURE-P5 (Pages________________).
11. That the petitioner sent a notice to all the respondents as a
pre-requisite to file Public Interest Litigation (PIL) under Rule 24 of
the J&K Writ Proceeding Rules, 1999 on 12.04.2016. The petitioner
has not received any response from the respondents till date. A
copy of the said Notice is enclosed here-with and marked as
ANNEXURE-P6 (Pages_________).
12. That the proof of communication of the above-mentioned
Notice which happen to be speed post receipts is enclosed herewith
and marked as ANNEXURE-P7 (Pages________________).
The Case in Brief:
13. That the Constitution of India does not define the word
‘Minority’. It only refers to ‘Minorities’ and speaks of those ‘based
on religion or language’. The rights of the minorities have been
spelt out in the Constitution in detail.
14. That the Constitution provides two sets of rights of minorities
which can be placed in ‘common domain’ and ‘separate domain’.
The rights which fall in the ‘common domain’ are those which are
applicable to all the citizens of our country. The rights which fall in
the ‘separate domain’ are those which are applicable to the
minorities only and these are reserved to protect their identity. The
distinction between ‘common domain’ and ‘separate domain’ and
their combination have been well kept and protected in the
Constitution. The Preamble to the Constitution declares the State
to be ‘Secular’ and this is a special relevance for the Religious
Minorities. Equally relevant for them, especially, is the declaration
of the Constitution in its Preamble that all citizens of India are to
be secured ‘liberty of thought, expression, belief, faith and worship
and ‘equality of status and of opportunity.’
15. That the Cultural and Educational rights of the religious and
linguistic minorities have been embodied in Articles 29 and 30 of
the Constitution. Article 29 of the Constitution lays down “(1) Any
section of the citizens residing in the territory of India or any part
thereof having a distinct language, script or culture of its own shall
have the right to conserve the same.
(2) No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds
on grounds only of religion, race, caste, language or any of them.’
16. Article 30 provides, “(1) All minorities, whether based on
religion or language, shall have the right to establish and administer
educational institutions of their choice.
[(1A) In making any law providing for the compulsory acquisition of
any property of an educational institution established and
administered by a minority, referred to in clause (1), the State shall
ensure that the amount fixed by or determined under such law for
the acquisition of such property is such as would not restrict or
abrogate the right guaranteed under that clause.]
(2) The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it
is under the management of a minority, whether based on religion or
language.”
17. That Article 350-A of the Constitution of India provides as
follows:
“It shall be the endeavour of every state and of every local authority
within the state to provide adequate facilities for instructions in
mother tongue at the primary stage of education to children
belonging to linguistic minority groups; and the President may issue
such directions to any state as he considers necessary or proper for
securing the provisions of such facilities.”
18. Article 350-B of the Constitution of India provides: “1. there
shall be a special officer for linguistic minorities to be appointed by
the President” and “2. It shall be the duty of special officer to
investigate all matters relating to the safeguards provided for
linguistic minorities under this constitution and report to the
President upon those matters at such intervals as the President may
direct, and the President shall cause all such reports to be laid before
each house of Parliament, and sent to the Governments of the States
concerned.”
19. That Article 347 of the Constitution of India provides for
special provision relating to language spoken by a section of the
population of a state. It provides as follows: “on a demand being
made in that behalf the President may, if he is satisfied that a
substantial proportion of a population of the state desire the use of
any language spoken by them to be recognised by that state, direct
that such language shall also be officially recognised throughout that
state or any part thereof for such purpose as he may specify.”
20. That the term minority has neither been defined in the
Constitution of India nor that of the state of Jammu and Kashmir.
But the Hon’ble Supreme Court of India in Re Kerela Education
Bill, AIR 1958 SC 956 has defined minority to be a group of people
who are numerically a minority in ‘a state as a whole’ as
distinguished from any particular area or region thereof. This
essentially means that determination of minority has to be done on
the basis of ‘a state as a unit’ i.e. state-wise. Merely because a
community is numerically larger in number throughout the
country, does not disqualify it to be notified as a minority for the
purpose of a state.
21. That the Hon’ble Supreme Court in Bal Patil & Anr. V/s
Union of India & Ors (Civil) 4730 of 1999 while speaking on the
question of minority, referred to an Eleven Judge bench decision
passed by the Hon’ble Supreme Court in TMA Pai Foundation &
Ors. V/s State of Karnataka & Ors. (2002) 8 SCC 481 and
quoted the following:
“During the pendency of this appeal, the eleven judges’ Bench
decision in TMA Pai was delivered and the decision is reported in
2002 (8) SCC 481. Amongst several questions which were
formulated for answer by the eleven judges Bench the most
important question included was as under:-
‘What is the meaning and content of the expression “minority” in
Article 30 of the Constitution of India?” The answer in the opinion of
majority in the Bench of eleven judges speaking through Kirpal, CJ
(as he then was) is the following:-
Ans: Linguistic and religious minorities are covered by the expression
“minority” under Article 30 of the Constitution. Since reorganization of
the States in India has been on linguistic lines, therefore, for the
purpose of determining the minority, the unit will be the State and
not the whole of India. Thus, religious and linguistic minorities, who
have been put on a par in Article 30, have to be considered statewise’.”

22. That the State of J&K is governed by its own constitution
which does not identify any group as a minority, nor provides any
specific safeguards to it. The state constitution is silent on the
subject. However, the Report of Basic Principles Committee,
constituted by the Constituent Assembly of the State in 1954,
while dealing with the item of fundamental rights, states as this:
“Having taken note of the fundamental rights provided in various
constitutions including the Constitution of India, recommends the
following rights . . . . “ Then under item 8, it states: “Cultural and
educational rights should also be guaranteed by the constitution. The
interests of the minorities should be protected and any section of
citizens having a distinct language, script or culture should have the
right to conserve the same”. But since Part III of the constitution of
India has been extended to the state of Jammu and Kashmir, the
identification and notification of minorities is essential for enforcing
the fundamental rights of the citizens enshrined under Articles 29,
30, 14, 19 and 21 of the state of Jammu and Kashmir.
23. That the Oxford Dictionary defines ‘Minority’ as “ a smaller
number or part, a number or part representing less than half of the
whole, a relatively small number of people differing from others in
race, religion, language or political persuasion”.
24. The U.N. Sub-Commission on Prevention of
Discrimination and Protection of Minorities has defined
minority as: “1) The term ‘minority’ includes only those nondocuments
group of the population which possess and wish to
preserve stable ethnic, religious or linguistic traditions or
characteristics markedly different from those of the rest of the
population; 2) Such minorities should properly include the number of
persons sufficient by themselves to preserve such traditions or
characteristics; and 3) Such minorities should be loyal to the state of
which they are nationals”.
25. That the Parliamentary Standing Committee on Social Justice
and Empowerment submitted its 14th report on the Constitution
(One Hundred and Third Amendment) Bill, 2004 and the National
Commission for Minorities (Repeal) Bill, 2004 on February 1, 2006
under the chairmanship of Smt. Sumitra Mahajan wherein the
committee citing the Supreme Court Judgment in Civil (Appeal)
4730 of 1999, dated August 8, 2005 recommended that it is up to
the state government to declare communities as minorities. The
report in its paragraph 1.26 while enquiring about the criteria
being adopted by the Government to classify a particular
community in the list of “Minority” observed: “During the course of
evidence Hon’ble Chairperson enquired about the criteria being
adopted by the Government to classify a particular community in the
list of “Minority” when the Constitution does not define the term
(minorities). The Secretary Ministry of Social Justice and
Empowerment replied: “Madam, as regards the criteria for notifying
the minorities, this has actually historically evolved and five
communities are being treated as minorities now. The Minorities
commission, in its Annual Report for the period ending 31st
December, 1980, had stated that the Commission has been treating
Muslims, Christians, Sikhs, Buddhists and Zoroastrians as religious
minorities at the national level. In March, 1984, in the context of the
15-point programme, the Ministry of Home Affairs had also clarified
that these are the five minorities at the national level. As you know,
this Commission was first set up in 1978 through a Resolution of the
Ministry of Home Affairs. Subsequently, when the Act was passed
by Parliament in 1992 and the Commission was set up in 1993,
under Section 2(c), again the five communities which had been
notified as minorities were again declared as minorities. Madam,
recently there was question of including the Jains in the list of
minorities and the Government had taken a stand before the
Supreme Court that the Supreme Court, already in another case,
stated that the State will be declared as the unit. Therefore, the
States can determine as to who are the minorities in that particular
State. Subsequently, the Supreme Court delivered a judgment on 8th
August, that the Jains should not be declared as minorities at the
national level and no more communities should be declared as
minorities at the national level. So, it is up to the State
Governments to declare communities as minorities”. A copy of
the relevant text of the Standing Committee Report available at
http://www.prsindia.org/uploads/media/1167471573/scr118906
8108_Constitution_One_Hunderd_and_Third_Amendment_Bill__20
04.pdf, last seen on 10/11/2015 is enclosed herewith and marked
as ANNEXURE-P8 (Pages ______).
26. That the National Commission for Minorities (NCM) Act,
1992 (see Appendix) under clause 2 sub (c), Chapter 1 lays down
that “minority”, for the purpose of this Act, means a community
notified as such by the Central Government. Similarly under the
State Minority Commission Acts, legislated by 16 states as on
January 22, 2012, it is the State Government which notifies a
particular community as a minority for the purpose of the
respective Act. Clause 2 sub (c), Chapter 1 of the Bihar State
Minorities Commission Act, 1991 defines minorities as “the persons
belonging to religious and linguistic minorities residing in the state
of Bihar to whom the Government (state government) has
recognised as minorities.”
27. That the Central Government through its notification under
the NCM Act, 1992 dated 23/10/1993 notified Muslims,
Christians, Sikhs, Buddhists and Parsis (Zoroastrians) as National
Minorities of India. Lately in 2014, Jains have also been notified as
National Minorities by the Central Government through a
notification under the NCM Act, 1992. But the state of Jammu and
Kashmir has till date neither notified any of the communities as
minorities in the state of Jammu and Kashmir nor has legislated a
State Minority Commission Act providing for a State Minority
Commission which may safeguard the interests of religious and
linguistic minorities in the state of Jammu and Kashmir.
28. That the National Commission for Minorities convened an
annual conference of the State Minorities Commissions on
31/03/2010 at Vigyan Bhawan, New Delhi. The agenda for the said
conference was published by the National Commission for
Minorities wherein its Para 1.1 headed as “Recommendation No. 1”
with a sub-heading ‘Action Taken Report’ observes, “ To provide a
platform to look into various grievance of the minority communities
and to monitor and suggest the mechanism for accelerating pace of
socio-economic development of minority communities and their
inclusion in the National Mainstream, and the setting up of State
Minority Commissions (SMCs) in all States and Union Territories is
essential.” The matter was taken up by the Commission with all the
State Governments. The Reply/Report received by the State
Government of Jammu and Kashmir is provided in the said agenda
at page 5, point 9 titled Jammu and Kashmir and it observes, “the
State Government has informed that the matter is under active
consideration of the State Government.” A copy of the said agenda
available at http://ncm.nic.in/pdf/Agenda%202010.pdf, last seen
on 28/11/2105 is enclosed herewith and marked as ANNEXUREP9
(Pages ______).
29. That the Press Trust of India (P.T.I) in its news report
published on January 22, 2012 published that the National
Commission for Minorities has written to the Government to amend
the NCM Act, 1992 to make it applicable to the state of Jammu and
Kashmir. The commission had also written to the state Law
Minister and the copies of the letter were also submitted to the
Union Home Minister, Law Minister and Chief Minister of the state
in 2012. The then chairman Sh. Wajahat Habibullah has been
reported as saying that the commission wants that the minorities
in J&K get benefits available to minorities elsewhere and the
commission has been regularly interacting with the state
government in this regard. The news report further reported that
the panel also expressed happiness over the state government’s
contention that it was “not averse” to the benevolent
recommendations of the National Commission for Minorities. The
copy of the newspaper report carried by the Press Trust of India
dated January 22, 2012 has been enclosed herewith and marked
as ANNEXURE-P10 (Pages ______).
30. That the cause of action arose when the Government of India
offered twenty thousand (20,000) high value scholarships for 2007-
08 in the field of technical professional education to the identified
national level minorities. In the state of Jammu and Kashmir,
Muslims, which constitute 66.971% of the total population
according to the 2001 census, were allotted 717 scholarships out of
a total of 753. Christians, Buddhists and Sikhs were awarded 2, 22
and 12 scholarships respectively according to the newspaper report
published in national Daily Indian Express on 09.10.2007. A copy
of the newspaper report available at
http://archive.indianexpress.com/news/scholarship-scheme-forminorities-in-j-k-hits-roadblock/226692/,
last seen on 16.06.2016
is enclosed here-with and marked as ANNEXURE-P11.
31. That the population of Muslims in Jammu and Kashmir
according to the 2011 Census is 68.31%. Communities which are
eligible to be notified as minorities, were not awarded their due
share of the scholarship owing to their non
identification/notification as minorities thereby jeopardising their
constitutionally guaranteed rights enshrined under Part III of the
Constitution of India. This clearly reflects the unfairness and
discrimination of the State towards the communities in the state of
Jammu and Kashmir which are eligible to be notified as minorities.
A copy of the data tabulated by Census of India available at
http://censusindia.gov.in/Census_Data_2001/Census_data_finder
/C_Series/Population_by_religious_communities.htm, last seen on
10/10/2015 is enclosed herewith and marked as ANNEXURE-P12
(Page ______).
32. The cause of action further arose in 2011 when National
Minorities Development and Finance Corporation (to be hereinafter
referred as NMDFC) appointed Jammu & Kashmir
Entrepreneurship Development Institute (to be hereinafter referred
as JKEDI) as additional channelizing agency for implementing
various loan schemes of NMDFC, for male beneficiaries in the state
of Jammu and Kashmir. The JKEDI has been conferring ‘minority
benefits’ on the Muslims, Sikhs, Buddhists and Christians of the
state of Jammu and Kashmir. A copy of the web page
substantiating the above-mentioned arrangement available at the
website of JKEDI at http://jkedi.org/NMDFC.html, last seen on
10/10/2015 is enclosed herewith and marked as ANNEXURE-P13
(Page ______).
33. That the State Government covertly admits that Muslims of
the state constituting 68.31% of the total population according to
Census 2011 are a minority of the state which is arbitrary,
unreasonable and illegal. The state of Jammu and Kashmir till date
has not legislated the State Minority Commission Act under which
it shall empower itself to notify minorities by applying the
prescribed criteria. The Union Government indirectly recognises
Muslims, Sikhs, Buddhists and Christians of the state of J&K as
minorities which is evident from the extension of minority benefits
illustrated in paragraph four (4) of the writ petition. This is in spite
of the fact that the National Commission for Minorities (NCM) Act,
1992 (see Appendix) under which National Minorities are to be
notified, is not applicable to the state of Jammu and Kashmir.
Clause 1 sub (2) Chapter 1 of the National Commission for
Minorities Act, 1992 lays down: “ It (the Act) extends to the whole of
India except the state of Jammu and Kashmir”, whereas section 2(c)
of the said Act lays down: “ ‘minority’ for the purpose of this Act,
means a community notified as such by the central government”.
Therefore conferring of minority benefits on the non-notified
communities is extra legal and arbitrary in nature. To further
fortify this claim, a list of minority institutes of the state of Jammu
and Kashmir recognised by the All India Council for Technical
Education (AICTE) available at http://www.aicteindia.org/downloads/minority/Jammu_and_Kashmir_Minority.pdf,

last seen on 09/11/2015 is enclosed herewith and marked as
ANNEXURE-P14 (Pages ______).
34. That the guidelines for implementation of Prime Minister’s
new 15-Point Programme for the Welfare of Minorities, lays down
that “in States, where one of the minority communities notified under
Section 2 (c) of the NCM Act, 1992 is in fact in majority at State level,
the earmarking of physical/financial targets under different schemes
will be only for the other notified minorities”. J&K is included among
the listed states. But throwing this rider to winds, the government
of India, Ministry of Minority Affairs awarded 717 out of 753
scholarships to the majority community in J&K State. These
should have gone to other minorities excluding the minority which
is a local majority if the spirit of the law was to be upheld. It is
discernible that other components of the P.M’s 15 Point Programme
must be meeting the same fate. A copy of the P.M’s New 15 Point
Programme for the welfare of Minorities along-with guidelines for its
implementation available at
http://www.minorityaffairs.gov.in/sites/upload_files/moma/files/
pdfs/amended_guidelines.pdf, last seen on 07/05/2016 are
collectively enclosed here-with and marked as ANNEXURE-P15
(Pages ______).
35. That the petitioner had tried to file the same Public Interest
Litigation with same prayers on 16.05.2016 in the Hon’ble High
Court of Jammu and Kashmir at Jammu. Copies of the writ
petition were served upon the respondents and the proof of service
was also obtained. A copy of the said writ petition sans annexures
is enclosed here-with and marked as ANNEXURE-P16 (Pages
______).
36. That at the time of filing of the said writ petition, copy of the
writ petition was secured by the Registrar Judicial, J&K High
Court, Jammu to be presented before the Hon’ble The Chief Justice
of the J&K High Court for unexplained reasons. Thereafter, the
petitioner was told by the Registrar Judicial, J&K High Court,
Jammu that Hon’ble The Chief Justice, J&K High Court has denied
permission for filing of the instant writ petition through an
administrative order, the copy of which shall not be given to the
petitioner. It is pertinent to mention here that there is no provision
of any preliminary inquiry of a petition filed in Public Interest and
according to the J&K High Court Writ Proceeding Rules, any PIL
presented as normal petition at the registry of the court shall be
listed before a Division Bench for judicial orders. A copy of the J&K
High Court notification no. 761 dated 19.10.2011 amending Writ
Proceeding Rules, 1997 and specifically providing for Special
Provisions regarding writ petitions in Public Interest is enclosed
here-with and marked as ANNEXURE-P17 (Pages ____________).
37. That aggrieved of the developments, the petitioner filed a
formal application dated 19.05.2016 seeking a certified copy of the
administrative order denying permission to the petitioner to file the
instant Public Interest Litigation. Till date, no copy of the said
administrative order has been supplied to the petitioner and the
petitioner has been verbally informed by the Registrar Judicial,
J&K High Court, Jammu that no such copy shall be ever supplied.
A copy of the application dated 19.05.2016 having receipt no. 7244
dated 26.05.2016 is enclosed here-with and marked as
ANNEXURE-P18 (Pages _____________).
38. That the Fundamental rights, with very few exceptions, are
inalienable natural rights. Since the rights embodied in Part III of
the Constitution are inalienable, it must necessarily follow that
they cannot be taken away by the state legislature or the
Parliament by omitting to legislate in this regard. The very purpose
of the Fundamental Rights is to withdraw certain subjects from the
vicissitudes of political controversy, to place them beyond the reach
of majorities and officials and to establish them as legal principles
to be applied by the courts. Therefore minority rights embodied in
Articles 29 and 30 of the Constitution may not be submitted to
vote; they depend upon the outcome of no elections. Siphoning off
minority rights clandestinely and illegally to the majority
community is like playing to the galleries for vote bank politics. The
great purposes of the constitution do not depend upon the approval
or convenience of those they restrain. The Governments as they are
cannot safely be trusted with complete immunity from outward
responsibility in depriving minorities of their rights.
39. That the protection of minorities against all kinds of fanatics
and extremists, none of whom can be trusted with unlimited power
over others, lies not in their forbearance but in the limitations of
our Constitution. Minority rights are rooted in the traditions and
conscience of our people as to be ranked as fundamental –
something without which a fair and enlightened system of Justice
would be impossible.
40. That if minority rights are ‘Fundamental’ and not fragile, it is
impossible to hold that they can be denied on account of the failure
of Legislature to legislate in this regard. A Constitutional Limitation
would be no limitation at all if Legislature can do away with the
limitation at its will. Constitutional guarantees under Articles 29
and 30 of the Constitution are no guarantees at all in the state of
Jammu and Kashmir due to the failure of the Government in
identifying religious and linguistic minorities and declaring them as
‘notified minorities’.
41. That our Constitution is given by the people, in the exercise of
their sovereignty unto themselves. The Fundamental Rights are
merely the expression of the basic freedoms reserved by the people
for themselves. If the freedoms are reserved by the people for
themselves, all the functionaries and agencies under the
Constitution have to respect those freedoms and ex hypothesi, no
functionary or state instrumentality including Legislatures and
Executives can destroy those freedoms either by commission or by
omission. Rights embodied in Articles 29 and 30 of the Constitution
cannot be denied to communities qualified as minorities for want of
their notification.
42. That the Fundamental rights are available even in the times
of crisis when a proclamation of Emergency is issued. All the
Fundamental Rights continue to be in force except those dealt with
by Article 19 and even the provisions of Article 19 are merely
suspended and not abrogated during the period of Emergency
(Article 358). Further, when the proclamation of Emergency is in
operation, the President has the power under Article 359 to
suspend the enforcement of the Fundamental Rights in a court of
law, but the Rights continue to exist and can be enforced after the
emergency ceases. But in the state of Jammu and Kashmir, the
fundamental rights of the minorities under Articles 29 and 30 have
been practically abrogated by not identifying and notifying the
minorities. Rights and benefits due to the minorities are being
siphoned off arbitrarily and illegally. Individuals from the minority
community have been debarred from approaching the
Constitutional Courts for the enforcement of their fundamental
rights owing to their non-notification as minorities.
43. That aggrieved by the utter disregard of the Respondents in
protecting the minorities of the state of Jammu and Kashmir the
petitioner having no other alternative efficacious remedy seeks to
invoke the jurisdiction of this Hon’ble Court on the following
amongst other grounds.
GROUNDS:
A. Because the illegal, arbitrary and unreasonable disbursement
of minority benefits on account of non-identification and nonnotification
of actual minorities of the state of Jammu and
Kashmir is a violation of an individual’s Right (belonging to the
minority community) to Equality enshrined under Article 14 of
the Constitution of India. Where an act is arbitrary it is implicit
in it that it is unequal according to Constitutional law and is
therefore violative of Article 14. Article 14 is the founding faith of
the constitution. It is indeed the pillar on which rests securely
the foundation of our Secular, Democratic, Republic. The right of
equality in the present situation is that of Indian polity and not
merely of a few individuals. In Kasturi Lal Lakshmi Reddy v.
State of J And K (1980) 4 SCC 1, Bhagwati J. speaking for the
Court observed:
“14. Where any governmental action fails to satisfy the test of
reasonableness and public interest discussed above and is found
to be wanting in the quality of reasonableness or lacking in the
element of public interest, it would be liable to be struck down as
invalid.”
B. Because the denial of minority rights to the actual religious
and linguistic minorities of the state of Jammu and Kashmir is a
violation of an individual’s Right (belonging to the minority
community) to life enshrined under Article 21 of the Constitution
of India. This constitutional boon is perhaps the highest blessing
that the citizens of India secured from the paramount deed in
Article 14 of India’s suprema lex, its Constitution. Right to live
in a corruption free and a society free from any fear and
discrimination is covered within the scope of Article 21 of the
Constitution. Any omission or commission on the part of state
authorities which encourages arbitrariness, unreasonableness,
corruption and illegality infringes upon this fundamental right
and a free society ceases to exist. This Hon’ble court has
recognised several unarticulated liberties implied by Article 21
and has ruled that Right to Life and Personal Liberty includes
Right to enjoy benefits exclusively conferred upon them by
Government schemes and other welfare programmes leading to a
life of dignity.
C. Because the denial of minority rights to the actual religious
and linguistic minorities of the state of Jammu and Kashmir
impairs Article 19(1)(a) of the Constitution of India. Under Article
19(1)(a) read with Article 21 of the Constitution, the citizens
have a right to live peacefully, to have right to leisure with all
necessary ingredients of the right to life guaranteed under
Article 21 of the Constitution.
D. Because the denial of minority rights to the actual religious and
linguistic minorities of the state of Jammu and Kashmir is a
violation of their fundamental rights enshrined under Articles 29
and 30 of the Constitution of India. From these articles it may be
discerned that where a religious community is in minority, the
Constitution of India enables it to preserve its culture and
religious interests by providing that the state shall not impose
upon it any culture other than the community’s own culture and
such community shall have the right to establish and administer
educational institutions of its choice and the state shall not, in
granting aid to educational institutions, discriminate against
such an educational institution maintained by a minority
community on the ground that it is under the management of a
religious community. In the event of non-notification of
minorities by the state government of Jammu and Kashmir, the
protection advanced under Part III of the Constitution especially
under Articles 29 and 30 is unavailable to the actual minorities
of Jammu and Kashmir. The state of Jammu and Kashmir
cannot infringe or encroach upon the fundamental rights of
minorities by any act of omission or commission.
E. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities infringes upon an individual’s fundamental right
(belonging to the minority community) to prohibition of
discrimination against citizens on grounds of religion, race,
caste, sex or place of birth; [Article 15 (1) & (2)].
F. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities impairs the authority of State to make ‘any special
provision for the advancement of any socially and educationally
backward classes of citizens’ (besides the Scheduled Castes and
Scheduled Tribes); [Article 15 (4)].
G. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities impairs citizens’ right (belonging to the minority
community) to ‘equality of opportunity’ in matters relating to
employment or appointment to any office under the State – and
prohibition in this regard of discrimination on grounds of
religion, race, caste, sex or place of birth; [Article 16(1)&(2)].
H. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities impairs authority of State to make ‘any provision for
the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is
not adequately represented in the services under the State;
[Article 16(4)].
I. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities impairs people’s freedom of conscience and right to
freely profess, practice and propagate religion – subject to public
order, morality and other Fundamental Rights; [Article 25(1)].
J. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities erodes the obligation of the State ‘to endeavour to
eliminate inequalities in status, facilities and opportunities’
amongst individuals and groups of people residing in different
areas or engaged in different vocations;[Article 38 (2) ].
K. Because the illegal, arbitrary, unreasonable disbursement of
minority benefits and denial of minority rights to the actual
minorities erodes the obligation of State ‘to promote with special
care’ the educational and economic interests of ‘the weaker
sections of the people’ (besides Scheduled Castes and Scheduled
Tribes); [Article 46].
L. Because Part IVA of the Constitution, relating to Fundamental
Duties as provided in Article 51 A applies in full to all citizens,
including those belonging to Minorities. Article 51A which is of
special relevance for the Minorities stipulates as, “citizens’ duty
to promote harmony and the spirit of common brotherhood
amongst all the people of India ‘transcending religious, linguistic
and regional or sectional diversities; and citizens’ duty to value
and preserve the rich heritage of our composite culture.’
M. Because Directive Principles of State Policy which are not
legally binding upon the State, are “fundamental in the
governance of the country and it shall be the duty of the State to
apply these principles in making laws”[Article 37]. In
Sachidanand Pandey V/s. State of West Bengal AIR 1987
SC 1109 the Hon’ble Supreme Court pointed out that, “When
the Court is called upon to give effect to the Directive Principle and
the fundamental duty, the Court is not to shrug its shoulders and
say that priorities are a matter of policy and so it is matter for
the policy making authority.”
N. Because the social pluralism of India, as fortified by the unique
Constitutional concept of secularism, raises the need for the
protection and development of all sorts of weaker sections of the
Indian citizenry whether this ‘weakness’ is based on numbers or
on social, economic or educational status of any particular
group. The Constitution, therefore, speaks of Religious and
Linguistic Minorities, Scheduled Castes, Scheduled Tribes and
Backward Classes and makes or leaves room for making for
them special provisions of various nature and varying import.
O. Because the various Articles of the Constitution providing rights
to the minorities, clearly and firmly point out to only one
direction: that of a multi-religious, multi-cultural, multi-lingual
and multi-racial Indian society, interwoven into an innate unity
by the common thread of national integration and communal
harmony. Denial of protection available to the minorities under
the constitution will adversely affect the diverse culture of the
nation and may have a debilitating impact on the communal
harmony preserved for centuries now.
P. Because the state of Jammu and Kashmir comprises three
regions viz. Jammu, Kashmir and Ladakh, each region widely
varying from the other in terms of geography, topography,
ethnicity, religion, race, language, script and culture. Therefore
as one unit the state cannot sweep identities under carpet
believing that there is perfect harmony and no clash of interests
among different groups of people. The fact that a community
comprising 68.31% of the total population of the state being
given minority benefits dents the secular character of the State
and smacks of majoritarainism.
PRAYERS:
In view of the facts and circumstances stated above, it is most
respectfully prayed that this Hon’ble Court in public interest may
be pleased to:-
a. Issue an appropriate writ, order or direction to the respondents
to set up a State Minority Commission for the State of Jammu
and Kashmir through appropriate legislation including time
bound identification and notification of religious and linguistic
minorities by the State Government in the State of Jammu and
Kashmir.
Or
Appoint a committee of experts functioning under the direct
supervision of this Hon’ble Court to submit a comprehensive
report identifying communities of the State of Jammu and
Kashmir which qualify as religious and linguistic minorities at
the state level in the backlight of case laws laid down by the
Hon’ble Supreme Court.
b. Issue an appropriate writ, order or direction to the respondents
to consider extension of National Commission for Minorities
(NCM) Act, 1992 to the state of Jammu and Kashmir by
following the appropriate procedure and making a
recommendation to the President of India that an amendment
may be made to the Act to make it applicable to the state of
Jammu and Kashmir so that the benefits available to minorities
of other states could also be legally given to the minorities of the
state of Jammu and Kashmir.
c. Issue an appropriate writ, direction or order in the nature of
Mandamus commanding the Government of Jammu & Kashmir
to start conferring all the benefits available to the religious and
linguistic minorities either identified/notified by the State
Government following due procedure or as recommended by the
above-mentioned expert committee.
d. Issue an appropriate writ, order or direction restraining the
Respondents from disbursing benefits of any nature exclusively
meant for the notified religious and linguistic minorities to those
communities which have not been notified as religious or
linguistic minorities by the Government of Jammu and Kashmir
till the time they are notified by an appropriate procedure.
e. Issue an appropriate writ, order or direction to Respondent No’s
7 and 8 for conducting Audit and preparing a Detailed Audit
Report about the implementation of Prime Minister’s 15 Point
Programme meant for minorities in the state of Jammu and
Kashmir till date.
f. Issue an appropriate writ, order or direction providing for the
Constitution of a Special Investigation Team (SIT) to be headed
by a High Court Judge (retired or otherwise) working under the
direct supervision of this Hon’ble Court for investigating the
illegal and arbitrary disbursement of minority benefits under the
Prime Minister’s 15 point Programme to the communities
without their lawful/appropriate identification and notification
as minorities in the state of Jammu and Kashmir.
Or
On the basis of the Audit Report prepared by the Comptroller and
Auditor General of India (CAG) into the implementation of Prime
Minister’s 15 Point Programme meant for minorities, constitute
a Special Investigation Team (SIT) to be headed by a High Court
Judge (retired or otherwise) working under the direct supervision
of this Hon’ble Court for investigating the illegal and arbitrary
disbursement of minority benefits under the Prime Minister’s 15
point Programme to the communities without their
lawful/appropriate identification and notification as minorities in
the state of Jammu and Kashmir.
g. Issue an appropriate writ, order or direction to Respondents No’s
9, 10 and 11 to submit Action Taken Report/Status Report after
the receipt of petitioner’s complaint dated 01.04.2016 requesting
the Respondents to register an FIR regarding alleged corruption
in the implementation of P.M’s New 15 Point Programme and
other schemes meant for religious and linguistic minorities in
the State of Jammu and Kashmir.
h. Issue or pass any writ, direction or order, which this Hon’ble
Court may deem fit and proper in the facts of the case and in the
interest of probity and rule of law.
AND FOR THIS ACT OF KINDNESS THE PETITIONER IN DUTY
BOUND SHALL EVER PRAY.
PETITIONER
ANKUR SHARMA
(In Person)
New Delhi.
Dated:
IN THE SUPREME COURT OF INDIA
(ORIGINAL CIVIL WRIT JURISDICTION)
WRIT PETITION (PIL) NO.__________ OF 2016
IN THE MATTER OF:
Ankur Sharma …..Petitioner
VERSUS
Union of India & Ors. …..Respondents
AFFIDAVIT
I Ankur Sharma, S/o Sh. Chander Kumar, age about 29 Years, R/o
Ward No. 16, Shivanagar, Kathua, Jammu and Kashmir-184104, at
present at New Delhi do hereby solemnly state and affirm as under:
1. That the deponent is well conversant with the facts of the case and
competent to swear this affidavit.
2. That the accompanying Brief Synopsis & List of dates (from pages
___to___), Writ Petition (from pages____to____) and Annexure (from
pages____to____) and I.As are true and correct to the best of my
knowledge and the same has been drafted by the petitioner in
person.
DEPONENT
VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of
the above Affidavit are true and correct to the best of my knowledge and
belief, no part of it is false and nothing material has been concealed there
from.
Verified at New Delhi on this ______ day of June 2016.
DEPONENT
SYNOPSIS
The petitioner is filing the instant writ petition in public interest to
safeguard the interests of religious and linguistic minorities of the state
of Jammu and Kashmir and for the enforcement of their Fundamental
Rights enshrined under Articles 29, 30, 14, 15, 19(1)(2), 21 and 26 (a),
highlighting the fact of non-identification and non-notification of the said
minorities in the State of Jammu and Kashmir coupled with
disbursement of minority benefits illegally and arbitrarily according to
the whims and caprices of the successive State Governments.
The Hon’ble Supreme Court in TMA Pai Foundation & Ors. V/s State of
Karnataka & Ors. (2002) 8 SCC 481 and a catena of other decisions has
ruled that Linguistic and religious minorities are covered by the
expression “minority” under Article 30 of the Constitution. Since
reorganization of the States in India has been on linguistic lines,
therefore, for the purpose of determining the minority, the unit will be
the State and not the whole of India. Thus, religious and linguistic
minorities, who have been put on a par in Article 30, have to be
considered state-wise.
The state of Jammu and Kashmir till date has not legislated the State
Minority Commission Act under which it shall empower itself to notify
minorities by applying the prescribed criteria. Consequentially no
community in the state of Jammu and Kashmir has been identified and
notified as Minority but surprisingly, the benefits exclusively meant for
the minority communities are being given away to certain communities
in an illegal and arbitrary manner.
The Union Government indirectly recognizes Muslims, Sikhs, Buddhists
and Christians of the state of J&K as minorities which is evident from
the extension of minority benefits illustrated in paragraph four (4) of the
writ petition. This is in spite of the fact that the National Commission for
Minorities (NCM) Act, 1992 under which National Minorities are to be
notified, is not applicable to the state of Jammu and Kashmir thereby
making the recognition whimsical and illegal.
The guidelines for the implementation of Prime Minister’s new 15-Point
Programme for the Welfare of Minorities, lays down that “in States, where
one of the minority communities notified under Section 2 (c) of the NCM Act,
1992 is in fact in majority at State level, the earmarking of
physical/financial targets under different schemes will be only for the
other notified minorities”. J&K is included among the listed states. But
throwing this rider to winds, the government of India, Ministry of
Minority Affairs awarded 717 out of 753 scholarships to the majority
community in J&K State.
Constitutional guarantees under Articles 29 and 30 of the Constitution
are no guarantees at all in the state of Jammu and Kashmir due to the
failure of the Government in identifying religious and linguistic minorities
and declaring them as ‘notified minorities. The relevant fundamental
rights of the minorities in the state have been practically abrogated by
not identifying and notifying the minorities. Rights and benefits due to
the minorities are being siphoned off arbitrarily and illegally.
LIST OF DATES AND EVENTS
21.02.2006 Report of the Standing Committee on Social Justice and
Empowerment submitted its 14th report on the
Constitution (One Hundred and Third Amendment) Bill,
2004 and the National Commission for Minorities
(Repeal) Bill, 2004 on February 1, 2006 under the
chairmanship of Smt. Sumitra Mahajan wherein the
committee citing the Supreme Court Judgment in Civil
(Appeal) 4730 of 1999, dated August 8, 2005
recommended that it is up to the state government to
declare communities as minorities.
2007 Twenty Thousand High value scholarships were given
by the Ministry of Minority Affairs for minorities and for
the state of J&K, where no community has been
identified and notified as a minority, 717 out of 753
scholarships were awarded to the majority community
in J&K State apart from other National Minorities.
10.10.2007 Newspaper item appeared in Indian Express reporting
that the Government of India offered twenty thousand
(20,000) high value scholarships for 2007-08 in the field
of technical professional education to the identified
national level minorities. In the state of Jammu and
Kashmir, Muslims, which constitute 66.971% of the
total population according to the 2001 census, were
allotted 717 scholarships out of a total of 753.
Christians, Buddhists and Sikhs were awarded 2, 22
and 12 scholarships respectively.
31.03.2010 National Commission for Minorities convenes annual
conference of the State Minority Commissions which in
its Agenda publishes the Reply/Report received by the
State Government of Jammu and Kashmir at page 5,
point 9 titled Jammu and Kashmir and it observes,
that the State Government has informed that the matter
of constituting a State Minority Commission in J&K is
under active consideration of the State Government.
19.10.2011 High Court of Jammu and Kashmir issues a notification
No. 761 dated 19.10.2011 amending the J&K High
Court Writ Proceeding Rules, 1997 specifically providing
for Special Provisions regarding writ petitions in Public
Interest.
22.01.2012 Press Trust of India News Report in its news report on
January 22, 2012 published that the National
Commission for Minorities has written to the
Government to amend the NCM Act, 1992 to make it
applicable to the state of Jammu and Kashmir. The
news report further reported that the panel also
expressed happiness over the state government’s
contention that it was “not averse” to the benevolent
recommendations of the National Commission for
Minorities
03.02.2016 Representations were sent to respondent nos. 1 to 8 for
taking appropriate steps in implementing and ensuring
Rights available to the Religious and Linguistic
Minorities in the State of J&K and preventing
diversion/swindling of Central and other Funds meant
exclusively for the Minorities.
.
01.04.2016 Representations were sent to respondent nos. 9 to 11
for registration of FIR regarding corruption in the
implementation of P.M’s New 15 Point Programme and
other schemes meant for Religious and linguistic
Minorities in the State of J&K.
12.04.2016 Notice to all the respondents was sent by the petitioner
as a pre-requisite to file Public Interest Litigation (PIL)
under Rule 24 of the J&K Writ Proceeding Rules, 1999
on 12.04.2016 informing them that in case of their
failure to take the requisite steps within a reasonable
time, the petitioner will be constrained to move file a
Public Interest Litigation.
16.05.2016 Filing of the writ petition in J&K High court was rejected
by the administrative order of the Hon’ble The Chief
Justice, J&K High Court, the copy of which was never
provided to the petitioner.
19.05.2016 Application by the petitioner was filed in the office of
Registrar Judicial to provide the certified copy of the
administrative order passed by Hon’ble The Chief
Justice of J&K High Court rejecting permission for filing
the instant Public Interest Litigation.
26.05.2016 Certified copy of the application filed by the petitioner
for obtaining the administrative order disallowing filing
of the same Public Interest Litigation was supplied to
the petitioner under receipt number dated 26.05.2016.
IN THE SUPREME COURT OF INDIA
(ORIGINAL CIVIL WRIT JURISDICTION)
WRIT PETITION (PIL) NO.__________ OF 2016
I. A. No._________________OF 2016
IN THE MATTER OF:
Ankur Sharma …PETITIONER
VERSUS
Union of India & Ors …RESPONDENTS

APPLICATION FOR INTERIM DIRECTION
To,
The Hon’ble Chief Justice of India & His Companion Judges of
Hon’ble Supreme Court of India
The Humble Petition of the
Petitioner above named
Most Respectfully Showeth:
1. That the petitioner is filing the instant writ in public interest
seeking appropriate writ for the constitution of a State Minority
Commission for the state of Jammu and Kashmir the absence of
which is causing serious concerns for the minority communities in
the State of Jammu and Kashmir.
2. That from the facts set out in the accompanying petition, it is clear
that the petitioner has an excellent case and every hope of
succeeding in the petition. It is submitted that irreparable loss/
injury would be caused if state Minority Commission followed by
identification of minority communities by the State Government is
not done in a time bound manner.
3. That it is further required that a probe by the State Vigilance
Organization under the direct supervision of this Hon’ble Court be
ordered to conduct a thorough investigation into the abuse of
official position in the implementation of schemes, especially P.M’s
New 15 Point Programme, meant for the religious and linguistic
minorities in the state of Jammu and Kashmir .
PRAYERS:
In view of the facts and circumstances stated above, it is most
respectfully prayed that this Hon’ble Court in public interest may
be pleased to:-
a. Restrain the respondents from conferring/disbursing any
benefit(s) to any community in the state of J&K in the name of
minorities without their proper identification and notification as
minority by the Government of Jammu and Kashmir.
b. Direct the Respondent No’s 7 and 8 for conducting Audit and
preparing a Detailed Audit Report about the implementation of
Prime Minister’s 15 Point Programme meant for minorities in the
state of Jammu and Kashmir till date.
c. Direct the Respondents No’s 9, 10 and 11 to submit Action
Taken Report/Status Report after the receipt of petitioner’s
complaint dated 01.04.2016 requesting the Respondents to
register an FIR regarding alleged corruption in the
implementation of P.M’s New 15 Point Programme and other
schemes meant for religious and linguistic minorities in the
State of Jammu and Kashmir.
d. Any other relief, order or direction which this Hon’ble Court may
deem fit and proper under the facts and circumstances of the
case may also be passed in favour of the petitioner and against
the respondents.
AND FOR THIS ACT OF KINDNESS THE PETITIONER IN DUTY
BOUND SHALL EVER PRAY.
PETITIONER
ANKUR SHARMA
(In Person)
New Delhi
Dated:
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
(UNDER ARTICLE 32 of THE CONSTITUTION OF INDIA)
WRIT PETITION (PIL) No. Of 2016
I. A. No._________________OF 2016
IN THE MATTER OF:
Ankur Sharma …..Petitioner
VERSUS
Union of India & Ors. …..Respondents
AFFIDAVIT
I Ankur Sharma, S/o Sh. Chander Kumar, age about 29 Years, R/o
Ward No. 16, Shivanagar, Kathua, Jammu and Kashmir-184104, at
present at New Delhi do hereby solemnly state and affirm as under:
1. That the deponent is well conversant with the facts and
circumstances of the case and competent to swear this affidavit.
2. That I have read and understood the accompanying I.A (from pages
______to______) and I state that the contents are based on
information from the authentic documents and from other reliable
sources which I believe to be true and correct.
DEPONENT
VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of
the above Affidavit are true and correct to the best of my knowledge and
belief, no part of it is false and nothing material has been concealed there
from.
Verified at New Delhi on this ______ day of June 2016.
DEPONENT
I N D E X
S. No. Particulars Page No.
1. Listing Proforma
2. Synopsis and List of Dates
3. Writ petition with affidavit
4. Appendix: National Commission for Minorities Act,
1992;
2. Annexure-P1: A copy of the identity cum
membership card of the petitioner issued by the
J&K High Court Bar, Jammu.

3. Annexure-P2: A copy of the representation dated
03.02.2016 sent to the concerned authorities.
4. Annexure-P3: A copy of the speed post receipts as
a proof of communication of the above-mentioned
representation.
5. Annexure-P4: A copy of the application dated
01.04.2016 sent to Respondent No’s 9, 10 and 11.
6. Annexure-P5: A copy of the speed post receipts as
a proof of communication of the above-mentioned
application.
7. Annexure-P6: A copy of the Notice dated
12.04.2016 sent to the Respondents under Rule
24 of the J&K Writ Proceeding Rules, 1999.
8. Annexure-P7: A copy of the speed post receipts as
a proof of communication of the above-mentioned
Notice.
9. Annexure-P8: A copy of the 14th report dated
01.02.2016 of the Parliamentary Standing
Committee on Social Justice and Empowerment.
10. Annexure-P9: A copy of the agenda of the
conference of the State Minorities Commissions
convened by the National Commission for
Minorities dated 31/03/2010.
11. Annexure-P10: A copy of the news report of the
Press Trust of India (P.T.I) published on
22.01.2012. A copy of the application for
registration of FIR sent to the State Vigilance
Organization along-with a copy of the speed post
receipts.
12. Annexure-P11: A copy of the the newspaper
report published in national Daily Indian Express
on 09.10.2007.
13. Annexure-P12: A copy of the data tabulated by
Census of India available at censusindia.gov.in.
14. Annexure-P13: A copy of the web page
substantiating appointment of Jammu & Kashmir
Entrepreneurship Development Institute (JKEDI)
as additional channelizing agency for
implementing various loan schemes of NMDFC,
for male beneficiaries in the state of Jammu and
Kashmir.
15. Annexure-P14: A copy of the list of minority
institutes of the state of Jammu and Kashmir
recognized by the All India Council for Technical
Education (AICTE).
16. Annexure-P15: A copy of the P.M’s New 15 Point
Programme for the welfare of Minorities along-with
its guidelines.
17. Annexure-P16: A copy of the Public Interest
Litigation sans annexures to be filed in the High
Court of J&K at Jammu on 16.05.2016.
18. Annexure-P17: A copy of the J&K High Court
notification no. 761 dated 19.10.2011.
19. Annexure-P18: A copy of the application dated
19.05.2016 having receipt no. 7244 dated
26.05.2016 seeking supply of the certified copy of
the administrative order passed by the Hon’ble
The Chief Justice of J&K High court.
20. Application for Interim Directions with Affidavit.
21. Application for seeking permission to appear and
argue the matter in person with affidavit.
22. Affidavit in Writ Petition.
FILED BY: –
DATED:

PETITIONER
IN PERSON
IN THE SUPREME COURT OF INDIA
(ORIGINAL CIVIL WRIT JURISDICTION)
WRIT PETITION (PIL) NO.__________ OF 2016
I. A. No._________________OF 2016
IN THE MATTER OF:
Ankur Sharma …PETITIONER
VERSUS
Union of India & Ors …RESPONDENTS

APPLICATION SEEKING PERMISION TO APPEAR AND ARGUE THE
MATTER IN PERSON
To,
The Hon’ble Chief Justice of India & His Companion Judges of
Hon’ble Supreme Court of India
The Humble Petition of the
Petitioner above named
Most Respectfully Showeth:
1. That the petitioner is filing the instant Writ in Public Interest
seeking appropriate Writ for the constitution of a State Minority
Commission in the State of Jammu and Kashmir followed with
identification and notification of religious and linguistic minorities
in the state of Jammu and Kashmir.
2. That the petitioner seeks the permission of this Hon’ble court to
appear and argue the matter in person.
3. That the petitioner is a practising Advocate in the High court of
J&K at Jammu. The petitioner in public interest has filed a PIL No.
41/2014 titled Ankur Sharma V/s State of J & K & Ors in the High
Court of Jammu and Kashmir, Jammu Wing challenging the
Constitutional validity of the J&K State Lands (Vesting of
Ownership to the Occupants) Act, 2001 in person. Apart from this
the petitioner is also appearing in person in WPPIL No 29/2015
titled Ankur Sharma V/s State of J&K & Ors. filed in the High
Court of Jammu and Kashmir, Jammu Wing.
4. That the petitioner has thus acquired the necessary skills for
contesting cases pertaining to Public Interest.
5. That the petitioner does not require the services of any Advocate or
any court assistance as far as it is related to providing an advocate
free of cost to the petitioner is concerned.
PRAYERS:
1. Permit the petitioner to appear and argue the matter in person.
AND FOR THIS ACT OF KINDNESS THE PETITIONER IN DUTY
BOUND SHALL EVER PRAY.
PETITIONER
New Delhi ANKUR SHARMA
Dated: (In Person)
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (PIL) No. Of 2016
I. A. No._________________OF 2016
IN THE MATTER OF:
Ankur Sharma …..Petitioner
VERSUS
Union of India & Ors. …..Respondents
AFFIDAVIT
I Ankur Sharma, S/o Sh. Chander Kumar, age about 29 Years, R/o
Ward No. 16, Shivanagar, Kathua, Jammu and Kashmir-184104, at
present at New Delhi do hereby solemnly state and affirm as under:
1. That the deponent is well conversant with the facts and
circumstances of the case and competent to swear this affidavit.
2. That I have read and understood the accompanying I.A (from
pages ______to______) and I state that the contents are based on
information from the authentic documents and from other
reliable sources which I believe to be true and correct.
DEPONENT
VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of
the above Affidavit are true and correct to the best of my knowledge and
belief, no part of it is false and nothing material has been concealed there
from.
Verified at New Delhi on this ______ day of June 2016.
DEPONENT
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (PIL) No. Of 2016
(UNDER ARTICLE 32 of THE CONSTITUTION OF INDIA)
(Petition under Article 32 of the Constitution of India for the enforcement of
Fundamental Rights under Articles 29, 30, 14, 15, 19(1)(2), 21 and 26 (a),of
the Constitution of India)
IN THE MATTER OF:
Ankur Sharma
…..Petitioner
VERSUS
The Union of India ….Respondent
WITH
I.A Application No.___________/2016
Application for Interim Directions.
PAPER-BOOKS
(FOR INDEX KINDLY SEE INSIDE)
Filed By: Ankur Sharma (In Person)
Filed On:
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
(Under Article 32 of the Constitution of India)
WRIT PETITION (PIL) No. Of 2016
IN THE MATTER OF:
Ankur Sharma …..Petitioner
VERSUS
Union of India & Ors. …..Respondents
AFFIDAVIT
I Ankur Sharma, S/o Sh. Chander Kumar, age about 29 Years, R/o
Ward No. 16, Shivanagar, Kathua, Jammu and Kashmir-184104, at
present at New Delhi do hereby solemnly state and affirm as under:
1: That the deponent has filed the instant petition in Public Interest.
2: That there is no personal gain, private motive or oblique reason in
filing the instant Public Interest Litigation.
DEPONENT
VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of
the above Affidavit are true and correct to the best of my knowledge and
belief, no part of it is false and nothing material has been concealed there
from.
Verified at New Delhi on this ______ day of June 2016.
DEPONENT

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