Centre’s stand to withdraw appeal is "political": AMU to SC

New Delhi, Aug 16 (PTI) Aligarh Muslim University (AMU)today opposed in the Supreme Court the NDA government’s standto withdraw the appeal filed by the erstwhile UPA regimeagainst the Allahabad High Court order divesting the varsityof its minority tag, saying the decision was based on"political considerations." AMU, in its affidavit, said a decision taken at thegovernment level will not be nullified by a change ofgovernment led by another political party, particularly whensuch a decision affected the interests of the nation as awhole. The university, while responding to the Centre’s pleaseeking withdrawal of appeal from the apex court, said thegovernment cannot question the validity of a law made byParliament or doubt the wisdom of Parliament in making thelaw, more so before a court of law. It also opposed the ground taken by the NDA governmentthat AMU was set up by a central act and that a five-judgeconstitution bench in 1967 in the Aziz Basha case had heldthat it was a "central university" and not a minorityinstitution, saying the High Court had wrongly struck downcertain sections of the Aligarh Muslim University Act, 1920 totake away its minority tag. Elaborating on the ground for opposing the Centre’s plea,the varsity said the appeal filed by the UPA government cannotbe withdrawn by the NDA government. "Considering these facts and the importance of the issuesinvolved in the present appeal, the decision taken afterchange of Government at the Centre, by the present NDAGovernment led by a member of the Bharatiya Janta Party, doesnot appear to be a sound decision based on cogent and validreasons, but one based on political considerations," thevarsity said in its affidavit. The AMU affidavit quoted the Centre’s affidavit assaying: "simply asserting that the AMU has been established bythe minority community is an illegitimate usurpation ofjudicial power." It said such a plea on the part of the "executive wing ofthe State accusing Parliament of illegitimate usurpation ofjudicial power is unconstitutional, highly irreverential andirresponsible apart from being ex­facie improper. It amountsto contempt of Parliament." (More) PTI MNL SJK RKSARC