Sachar Committee does a count based on religion amongst the judiciary in Bihar

July 19, 2006, New Delhi--- NDTV has learnt the Sachar Committee has asked for a count based on religion amongst the judiciary in Bihar. NDTV has access to the letters sent by the Registrar General of the Patna High Court, asking for details of how many lower court judges and employees are Muslims.

The letters dated August? 05 and September ?05, quote the Justice Sachar Committee on the status of Muslims. The letter in September 2005 addressed to all the District and Session Judges, a proforma is attached which every court in the state of Bihar was asked to fill. Including the Advocate General, District Session Judges, Public Prosecutors, Group A, B, C, D employees of all courts. The proforma asked to list the number of Hindu and Muslim officers and employees and whether they belonged to the SCs, STs, OBCs categories. Incidentally, high court judges are not part of the survey.

According to the official website, under the terms of reference, the Rajinder Sachar Committee has been asked to address the share of Muslims employed in the Public and Private Sector. A survey of the Judiciary has not been mentioned in the document and it is not clear why the caste details have been asked for?

However given the sensitivity of a survey in the Judiciary, the officer who asked for the survey isn‘t speaking. But the representative of the Bihar Judicial Officers Association, Mr S K Singh says, ?The survey is not only in Bihar. It was asked in the whole country. The format that was given was not Bihar specific.?

When contacted by NDTV, Justice Sachar Committee refused to deny or confirm this and no reports of a similar survey have come in from other states. Former high court judges are divided over the survey.

Supporting the survey, former HC Justice, Ali Ahmed, says, ?Along with the Muslims, the backward or Dalit classes are also under-represented. Ideally they should also be represented keeping in mind the percentage of their population in the country or the state.

Speaking against the policy of reservations in Judiciary, S Ali, Former HC Justice, says, ?It is not the question of Muslims or non-Muslims. The basic question is whether there should be reservation in the judiciary. I feel there are some services that should not have reservation and one of them is the judiciary.?

The Sachar Committee was set up by the Prime Minister, and is mandated to conduct a detailed survey of the status of Muslims in the country. But first with the army and now the judiciary bringing the question of religion into these institutions, may well defeat the very principle they stand for.