Government to fight Maratha quota case in SC with 'expert' lawyers

In its zeal to fight out the "tough case" of Maratha reservation in the court, the Devendra Fadnavis government has now decided to hire a fresh battery of lawyers who have "expertise" on the matter along with the requisite experience.

The committee headed by education minister Vinod Tawde has been asked to shortlist a few names of "good" and "eligible" lawyers who are fit for the job. And the job is to fight the government's case "strongly" and "successfully" before the Supreme Court (SC) with "facts" and "history" both. The case is expected to come up in the apex court in April.

"Each member of the committee has been requested to suggest their choice of lawyer. You can also suggest a few names," said an aide of Tawde adding that the eligibility for the job is that the candidate must have in-depth understanding of the case and cause (Maratha community's demand) both.

Tawde confirmed the development. "Yes, we are hiring good lawyers for the Maratha reservation case. All suggestions are welcome." While he refused to divulge the names being considered, sources say senior Supreme Court lawyer Ravi Kadam is one amongst them. With 33 years of experience, Kadam had been AG of the state for seven years before putting in his papers in 2012.

The government's "commitment" towards the "cause" has some valid reasons. Marathas account for 30% of the state's population and is the single-largest vote bank in Maharashtra.

The development has also led to the speculation whether the advocate general of the state, Shreehari Aney, would be pulled off from the case and command would be given to a new face, or the new team would work under him replacing the current team which looks after this particular case.

While government officials insist that the case would now be fought by the new team headed by a "big name" in the legal fraternity, sidelining Aney, Tawde puts speculations to rest. "Advocate general would be there. In addition to him, we would hire some experts."

Meanwhile, dna has learnt that the Tawde committee has not only sought data of employment from the general administration department but is also sweating out at the archives directorate to find out some "evidences" in history books, which can prove the state's stand in the SC that Marathas need reservation.

"We have recently found a few pieces of work by foreign authors which clearly stated the poor socio-economic condition of the Maratha community in late 19th and early 20th century," a committee member told dna. He refused to divulge anything further citing sensitivity of the matter.

dna earlier reported that the committee had already dug out gazettes of early 20th century when Kolhapur's ruler Shahuji Maharaj offered scholarships to Maratha students. Some of the writings of Dr Babasaheb Ambedkar is also being added as "historical proof" in the legal battle to justify the government's stand for Maratha quota in public service and educational institutions.

"While history has equated Marathas with the warrior caste Kshatriya, old literature suggests Marathas are Kunbis. Since Kunbis are covered under quota, Marathas should also be given the same benefit, feels the government," a highly-placed official told dna.

The Congress-NCP government had brought the Maratha reservation policy in July 2014, which entailed 16% reservation to Marathas as an "economically and backward community", a category introduced for the first time and which was over and above the 51% quota for SC/ST and OBC. It was struck down by the Bombay High Court in November 2014.