Uddhav Thackeray’s impenitence is unmatched

 

The issue of Maratha reservation once again took the centre-stage when Manoj Jarange Patil, a local leader from Maharashtra, went on an indefinite hunger strike. There was renewed aggression that led to violent instances of stone pelting and lathi charge in Maharashtra’s Jalna district. Uddhav Thackeray instantly grabbed this opportunity and rushed to Jalna; he was the one who had managed the state’s affairs for two-and-a-half years from the comfort of his home. Even senior leader Sharad Pawar rushed to the site and both expressed their disgust and grudge against Devendra Fadnavis. Seeing them in this new avatar probably even the chameleon will ask the Almighty to take away its ability to change colour; it will no longer appreciate being called the ‘colour changing lizard’. Being a strong Opposition, being an opportunist and deploying tactics is not new in politics. But Uddhav Thackeray’s impenitence is unmatched. He seems to have crossed all limits of telling lies. And hence let me take you through the events that took place from December 2019 to July 2022 on the issue of Maratha reservation.

After the High Court upheld the reservation given by the Fadnavis government to the Maratha community as valid, it got challenged in the Supreme Court. During its first hearing, the Supreme Court refused to stay the reservation. Uddhav Thackeray treacherously came to power in connivance with the Congress and Nationalist Congress Party and hence it became the responsibility of the Thackeray-Pawar government to present the Maratha reservation issue in the Supreme Court. I am referring Maha Vikas Aghadi government as Thackeray-Pawar government only because Sharad Pawar was instrumental in bringing this tripartite government to power.

When hearing on Maratha reservation began in the Supreme Court, Mukul Rohatgi, senior advocate appearing for the state, said on record that since they weren’t receiving information and documents from the state government officials, they were not able to present a strong case. This statement made news. Devendra Fadnavis, who was leader of the Opposition at that time, had publicly advised the Thackeray-Pawar government to take adequate precautions in this regard. But they refused to take Rohatgi’s statement seriously. They failed to identify the officials who had not provided information and documents to the lawyers. This proves that the Thackeray-Pawar government had no intention to give reservation to the Maratha community.

 

Sharad Pawar had been in power in the state for 15 consecutive years with support from the Congress. During these 15 years, there had been many agitations on this issue which also proves how Pawar was not interested in giving reservation to the Maratha community. Also, since the Thackeray-Pawar government failed to adequately present the case, on

September 9, 2020 the apex court stayed the reservation. It did not matter to them as they had done nothing to get it reinstated. In fact, whatever little attempts made by them were also fictitious. Their counsel Adv. Thorat had only once requested the court to take the matter for hearing at the earliest. But the apex court had rejected his plea and a new date was announced.

The application for lifting the stay usually goes for hearing before the same bench that had earlier passed the decision. But the state government argued that it would not be convenient to proceed with the application before a 3-judge bench and hence the government proposed to withdraw the application. In fact, the state’s lawyers had pleaded that they would try to get this matter sorted by requesting the Chief Justice and get a special bench of 5 judges. This 5-judge bench evaluated the issue on various parameters – whether the state government has the right to grant reservation beyond the 50 per cent limit, whether the state has the right to grant reservation even after the Centre amending the rules, etc. A legal-ideological argument is needed on the validity of the Maratha reservation before this 5-judge bench. However, it was not known as to how long this hearing will last, until then the stay on reservation would persist.

 

This delayed procedure slowed down job processes, college admissions, etc. And everyone in the Thackeray-Pawar government was aware about it. Did the Thackeray-Pawar government not know that the right to lift the stay on reservation vests with the original bench and not with the new 5-member bench? Also, on October 27, 2020, the matter was listed on number 2 for hearing but when it was called out nobody from the Maharashtra government was present. The judges expressed displeasure. But since it is a highly sensitive issue concerning the Maratha community, the bench did not keep it pending, instead they adjourned it for some time later. Wasn’t it unfortunate that the government-appointed lawyers could not be present on time.

When the hearing began, the advocate for the state, Mukul Rohatgi said that we do not wish our application to be heard before your bench and hence we have applied our application to be heard before a 5-member bench. At that time, another counsel for the government stated that they do not agree to some points made in the application. There was absolutely no harmony and coordination among the advocates themselves. Also, the government should have ensured that its ministers remain stationed in Delhi only. Shouldn’t they have discussed the matter thoroughly with their lawyers before the case was presented in the court. But since the Thackeray-Pawar government grossly failed in its planning, the Supreme Court stayed the implementation of Maratha reservation and the matter got referred to the Constitution Bench of 5 judges.

 

Even the apex court, in its verdict, maintained that Thackeray-Pawar government failed to present the matter. The court maintained, “More than 50% of the reservation can be granted in exceptional circumstances. But Maharashtra government failed to demonstrate ‘exceptional circumstance’ during the several hearings that were held last month. The government wasn’t able to prove that the Maratha community is like the marginalized community that lives in remote areas.” Isn’t this sufficient to prove that Fadnavis was trying to grant reservation whereas the Thackeray-Pawar government was lackadaisical in establishing it in the Supreme Court.

Fadnavis government had appointed the State Backward Classes Commission under the chairmanship of Justice Gaikwad. Reservation was granted based on recommendations of this commission. Even the state legislature recognized it under state law and implemented it. On exceptional grounds, the state government had used its authority to go beyond 50 per cent reservation and the High Court had even accepted it. The matter then went to the Supreme Court. But after the Thackeray-Pawar came to power, they did not even once feel the need to discuss the matter with the commission. The matter continued to be heard and later the 5-judge bench invalidated the reservation by a 3:2 majority.

In fact, people will recollect that Sambhajiraje Chhatrapati, who was active in this fight for reservation, had on July 27, 2020 demanded that the state government must take Devendra Fadnavis, who was the leader of the Opposition, into confidence in the Maratha reservation case because it was during Devendraji’s tenure and owing to his studious approach that the reservation had been granted. Uddhav Thackeray should have invited Devendraji for the meetings. But probably owing to his political hatred or inferiority complex, Uddhav Thackeray never struck any conversation with Devendraji. It was owing to Maha Vikas Aghadi’s lackadaisical approach in not doing a timely follow up with the lawyers, getting the matter adjourned to another date, not submitting the English translation of the Annexures of the Commission’s report to the court and in general not taking the matter seriously led to the cancellation of Maratha reservation.

And today, the same Uddhav Thackeray rushes to meet the protesters and supports reservation. After having grossly betrayed the Maratha community, only Uddhav Thackeray can show the courage of going and openly meeting the protestors. One must not forget that along with reservation, Devendra Fadnavis’s government had taken a lot of decisions for the upliftment and bright future of the Maratha youth. These schemes were implemented through the formation of an organization called ‘Sarathi’. Schemes like Rajarshi Chhatrapati Shahu Maharaj Educational Fee Reimbursement Scheme, Sayajirao Gaikwad Overseas Education Scholarship Scheme, National Scholarship Scheme, Shrimant Malojiraje Bhosale Sarathi Indo-German Toolroom Training Programme, Maharani Tararani Competitive Examinations, including UPSC-MPSC competitive examinations and NET-SET exams were being undertaken through Sarathi where free guidance, computer skills, personality development and special skilled training was imparted for M.Phil and Ph.D courses. But when the Thackeray-Pawar government came to power, this Sarathi project stopped receiving financial assistance. Chhatrapati Sambhajiraje had even gone on a hunger strike against it.

Now, the Shinde-Fadnavis government, once again after coming to power, implemented schemes for the welfare of Maratha community. Still Fadnavis is getting targeted for no reason. Saint Tukaram’s verse ‘jaya angi mothepan taya yatana kathin’ which literally translates to ‘uneasy lies the head that wears the crown’ aptly fits Devendraji.

(Article Pre-Published in Times of India -11 September. 2023)

Keshav Upadhye, Chief Spokesperson