New Delhi,
Taking note of the Centre’s submission that the Mehbooba Mufti government has “in principle” agreed to consider setting up a state minority commission, the Supreme Court on Monday disposed of a PIL demanding such a statutory body in Jammu and Kashmir where Muslims constitute more than 68% of the population.

“The state government of Jammu and Kashmir has, in principle, given indication that (it) will consider and examine the need and feasibility of setting up of a state minority commission at the relevant point of time as and when need arises based upon the critical study of the social and educational backwardness of the minorities spread across various regions of the state,” Attorney General KK Venugopal told the top court quoting from an office memorandum.

The OM dated February 23 is based on a meeting held on January 12 between the Centre and states, including the Jammu and Kashmir, where Hindus are in minority.

A three-judge bench headed by Chief Justice of India Dipak Misra, which said courts can’t issue such a direction, disposed of the petition filed by Jammu-based advocate Ankur Sharma after Venugopal submitted the state government would examine the need and feasibility of a commission for minorities in Jammu and Kashmir.

To cater to the special needs of minorities, a special project — Chief Minister Inclusive Development Initiative — has been formulated by the state government, he said.

On behalf of the state government, senior advocate Rakesh Dwivedi and advocate Shoeb Alam told the bench that the memorandum made the states stands clear.

Differences between BJP and PDP had come to the fore on February 9 after the Modi government accused the Mehbooba Mufi-led PDP-BJP government of going back on its word on setting up a commission for minorities in Jammu and Kashmir.

Advocate Ankur Sharma — who has filed a PIL seeking a direction to the state to establish a state minorities commission — has accused the Mehbooba Mufti government of denying minority right to Hindus, Sikhs, Buddhists and Christians in Jammu and Kashmir. Sharma, a Jammu-based advocate, alleged that the benefits meant for minorities were going to the majority community i.e. Muslims in Jammu and Kashmir.

According to the 2011 Census, Hindus constitute 28.4 per cent of the total population in Jammu and Kashmir, followed by Sikhs (1.9 per cent), Buddhists (0.9 per cent); and Christians (0.3 per cent). In Kashmir valley, about 96.4 per cent are Muslims, followed by Hindus (2.45 per cent), Sikhs (0.98 per cent) and others (0.17 per cent).

Sharma alleged that crores of rupees were being squandered away as the state was spending money on unidentified minorities as Hindus, Sikhs, Buddhists, Christians are not identified as minorities despite being lesser in number than Muslims.

A joint committee consisting of Union minority affairs secretary, Jammu and Kashmir Chief Secretary and certain other officials had been constituted pursuant to the courts March 27 order.

The panel was supposed to submit a joint proposal before the top court suggesting solutions to the problems faced by Hindus, Sikhs, Buddhists and Christians owing to their non-identification as minorities in the state.

The Mehbooba Mufti-led PDP-BJP government of Jammu and Kashmir had earlier opposed creation of a minority commission in the state, saying it was not the only state where minorities declared under the National Commission for Minorities Act were in majority and there was no such body.