Breaking-"We Will Not Stop High Court"; Supreme Court Refuses To Entertain UP Govt's Plea To Transfer Cases Challenging Love-Jihad Ordinance To SC
The Supreme Court on Monday refused to transfer to itself the petitions filed in Allahabad High Court challenging the ordinance brought by the Uttar Pradesh government against religious conversions, which among other things, criminalizes religious conversions for marriage."If the Allahabad High Court is going to decide the cases, why should we interfere," remarked a Bench headed...
The Supreme Court on Monday refused to transfer to itself the petitions filed in Allahabad High Court challenging the ordinance brought by the Uttar Pradesh government against religious conversions, which among other things, criminalizes religious conversions for marriage.
"If the Allahabad High Court is going to decide the cases, why should we interfere," remarked a Bench headed Chief Justice of India SA Bobde and dismissed the application as withdrawn.
The Bench sternly remarked,
"We have issued notice does not mean High Court cannot decide. People are making light of High Courts these days. High Court is a constitutional court."
PS Narasimha, appearing for the UP Government, had urged the Supreme Court to allow the transfer application to avoid multiplicity of proceeding before the High Court and the Supreme Court.
"Similar petitions are pending in the High Court. HC has listed the matter for hearing on February 2," he submitted.
Expressing disinclination to transfer the petitions however, the CJI said,
"If the Allahabad High Court is seized of it, and we are not going to hear before it, why should we stop the HC?
We would like to have the judgment of the High Court also."
Background
The Supreme Court had issued notice on the petitions challenging UP & Uttarkhand Governments' Ordinances against religious conversions for the sake of marriages, on January 6. Though the bench had expressed initial reluctance to entertain them as the High Court was seized of the issue, following the persuasions made by the petitioners' advocates, the bench agreed to issue notice but refused to stay the laws.
Meanwhile, the Uttar Pradesh Government filed its counter-affidavit before the Allahabad High Court and requested Chief Justice Govind Mathur to adjourn the matter sine die. Additional Advocate General Manish Goyal submitted that since the Top Court has already taken cognizance of the matter and has issued notice to State Government, it may not be appropriate for the High Court to continue the hearing.
In view of the High Court's refusal to adjourn the petitions, the Government has approached the Top Court under Article 139A. "The question involved is identical to the writ petitions pending before this Hon'ble Court. pendency before the High Court will lead to multiplicity of proceedings and conflicting decisions and hence the same may kindly be withdrawn / transferred to this Hon'ble Court," the application filed before the SC stated.
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