‘New kind of fraud’: CJI Surya Kant is not amused as converted Buddhist petitions for admitting on ground of being ‘minority’. Read details

On 28th January, the Supreme Court of India dismissed a petition filed by an upper caste Hindu who sought minority reservation benefits after claiming to have converted to Buddhism. The court sharply criticised the attempt and termed it a “new type of fraud”.

The Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a plea filed by Nikhil Kumar Punia against the Union of India, in which he sought admission as a minority candidate on the basis of his alleged conversion.

‘Which Punia are you?’

During the hearing, the Bench questioned the very basis of the petitioner’s claim. Chief Justice Kant directly asked his counsel about his caste identity. The CJI asked, “You are a Punia? What minority are you? Let me ask this bluntly now. Which Punia are you?”

When the counsel informed the court that the petitioner belonged to the ‘Jaat Punia’ community, the Bench questioned how minority status could be claimed thereafter. The counsel argued that the petitioner had converted to Buddhism and asserted it as his right.

Reacting strongly, Chief Justice Kant remarked, “Wow! This is a new type of fraud,” signalling the court’s disapproval of what it saw as an attempt to misuse the reservation framework.

Haryana govt directed to clarify guidelines

Before dismissing the plea, the Supreme Court directed the Haryana government to place on record the guidelines governing the issuance of minority certificates.

The court sought clarity on whether upper caste general category candidates, particularly those not falling under the economically weaker sections and who had previously declared themselves as general category applicants, could later claim minority status by asserting conversion to Buddhism.