Jamiat Ulama-i-Hind Seeks To Transfer To Supreme Court Petitions Filed In 6 HCs Challenging Anti-Conversion Laws Of Different States

Jamiat Ulama-i-Hind has filed a transfer petition in the Supreme Court seeking to transfer to it 21 cases pending in 6 High Courts challenging the laws relating to religious conversions enacted by various states.

Senior Advocate Kapil Sibal mentioned the petition before Chief Justice of India DY Chandrachud today morning. He mentioned that the Registry refused to number the transfer petition stating that the consent of the various petitioners in the High Courts was necessary. He pointed out that, in terms of Article 139A(1) of the  Constitution, one could move a Transfer Petition for consideration by the Supreme Court even without being a party in all the petitions pending in different High Courts, if the petitioner is a party to any of the cases before the High Courts.

CJI Chandrachud agreed to look into the matter when the batch of other cases on religious conversion is taken up during the course of the day. When the batch was taken, the bench comprising CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala decided to post the batch on coming Friday along with the transfer petition.

Advocate MR Shamshad, appearing for Jamiat, reminded the CJI about the Registry's objection to the number of the case. CJI told him that he has directed to list the matter.

Out of the 6 High Courts, where these Petitions are pending – Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, and Uttar Pradesh, in two States i.e. Gujarat and Madhya Pradesh, partial stay have been granted with regards the provisions of the Gujarat Freedom of Religion Act, 2003 (as amended in 2021) and the Madhya Pradesh Freedom of Religion Act, 2021 by the respective High Courts of the concerned States. The State of Gujarat and State of Madhya Pradesh have challenged the said interim orders of their respective High Courts. 

During the hearing, Senior Advocate CU Singh, appearing for Citizens for Justice and Peace submitted that the laws had created a "grave situation" as inter-faith couple are finding it difficult to get married.  

Senior Advocate Indira Jaising told the bench that her matter, which was a transfer petition for case from Madhya Pradesh, was already listed today. She requested for issuing notice on the transfer petition.

Advocate Vrinda Grover stated that she was representing the National Federation of Women which has filed a petition to show the effect of anti-conversion laws on women. 

Attorney General for India R Venkatramani objected to the transfer petitions stating that since the impugned Acts were state legislations, High Courts should first hear them. He said–

"These are state legislations. High courts should get to hear them. I have serious objections."

The AG also said that Solicitor General of India will be filing an affidavit objecting to the locus of CJP in filing the petition.

CJI DY Chandrachud stated that the bench would hear all the matters on Friday, 3rd February 2023.

"We can hear the transfer petition and list both of them together. We'll keep this batch on Friday (3rd February). The transfer petition will also be numbered by then. The Attorney can also examine. We'll issue notice in matters which require that on Friday", CJI Chandrachud said during the hearing.

Case Title: Citizens for Justice And Peace v. State of Uttar Pradesh And Anr. WP(Crl) No. 428/2020  and connected matters

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