New Delhi, Jul 29 (PTI) A plea has been filed in the Supreme Court seeking to restrain the Centre from acting upon the Sachar committee report, which was submitted in November 2006, for initiating any scheme in favour of Muslim community.

The committee, headed by former Chief Justice of Delhi High Court Justice Rajinder Sachar, was set up in March 2005 by the then UPA government to prepare a report on the social, economic and educational condition of the Muslim community in the country.

The petition, filed by five residents of Uttar Pradesh, has alleged that notification issued from the office of the Prime Minister on March 9, 2005 constituting the committee “nowhere mentions that same was being issued after any cabinet decision.”.

“Thus, it is clear that the then Prime Minister on his own whims issued the direction appointing the committee to enquire into the social, economic and educational status of Muslim community whereas by virtue of Articles 14 and 15 no religious community can be treated separately,” claimed the plea, filed through advocate Vishnu Shankar Jain.

It alleged that power to appoint a commission to investigate into the conditions of socially and educationally backward classes vests with the President of India under Article 340 of the Constitution.

The plea said that every executive action or orders of the Government of India have to be taken or issued in the name of the President by virtue of provisions contained in Article 77(1) of the Constitution.

It claimed that appointment of the committee was made in violation of Article 77 and is “unconstitutional and illegal”.

The petition, while referring to the recommendations made in the report, alleged that the notification appointing the panel to look into the conditions of a community is unconstitutional in a secular state as the government cannot show any favour or disfavour to any religious community.

It said the Centre be restrained from implementing the report for running or initiating any scheme in favour of Muslim community or for any other purpose.

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