The Court resumes

Khanna J : in case we go into the 81 amendment then this issue will arise whether the amendment made by parliament, subsequently you can withdraw. There are two options - either we accept the ratio of Basha. if we do then there are three conclusions- 1. de jure established by statute and not by minority; 2. established not my minoroty; 3. Not administered by minority community. As far as 1981 Act is concerned, it is only de jure establishment by the statute. it doesn't deal with he other w conclusions. If I am not mistaken when we read Basha it deals with all the three conclusions

Dr. Dhavan : if Basha is considered correct by lorships then we have to take recourse in 81. Thats a separate issue.

SG: that's the whole point

Khanna J : the effect of 81 amendment that may have to be sent back to the HC for a fresh consideration

SG: no, no, no

Khanna J : that will be a separate...lets not open up a debate