A Bench of Justices MR Shah and CT Ravikumar also changed the case title of the PIL filed by BJP leader Ashwini Upadhyay as "In Re : Issue of religious conversion", while adjourning the matter to February 7.
"The present petition is titled 'in re issue of religious conversion' henceforth. Looking into the seriousness and importance of the matter, Attorney General for India, R Venkataramani is requested to appear in the matter and assist the Court either as amicus or otherwise in any form", the order read.
During the hearing today, the Bench said the issue of forceful religious conversions is a "serious matter".
"We want your assistance also, as the Attorney General for India. Religious conversions by force, allurement or some other thing, etc...these are allegations. We are not opining whether it has actually happened or not. If actually it is happening, because there is a difference between right to freedom of religion and right to convert. There are ways and ways, anything by allurement, if that is happening, when what should be done? What are the corrective measures?", the Bench asked the AG, who assured that he would get back after examining the case records.
Senior Advocate P Wilson appearing for the State of Tamil Nadu said that the matter should be left up to the legislature to decide and added that the plea was politically motivated. He pointed out that there was an anti-conversion law in Tamil Nadu in 2002 which was repealed in 2006. Therefore, it is the will of the people, which gets reflected through the legislature, which should prevail and the Court cannot issue any direction to frame a law.
"What is your stand?", Justice Shah asked him.
"Our stand is let the people decide. There is no threat of conversion in the state", Wilson replied.
Highlighting that the petitioner was a BJP member, Wilson stated that the petition was politically motivated.
"Don't bring a political color. Please keep it aside. You can place what you want on record", the Bench was quick to respond. It added that even if the petitioner is a man from the Bharatiya Janata Party, the Bench would still go into the matter.
Wilson also pointed out that the petitioner had sedition charges against him.
"It makes no difference so far as courts are concerned..Restrict to point under consideration. Don't bring anything else", Justice Shah told Wilson.
Senior Advocate Arvind Datar, appearing for the petitioner submitted that there's nothing under the Indian Penal Code regarding the punishment for forced religious conversion.
"My lords have indicated that there are scurrilous statements made against minorities. They were asked to withdraw...", one lawyer stated.
"We are not going to consider any allegations, counter-allegations, we are not going to take into consideration at all", Justice Shah said.
"We are not pressing on those statements. We are only on merits", Datar informed.
"As far as Tamil Nadu is concerned, this is perjury. He (the petitioner) has made a wrong statement" Wilson argued.
"You may have different reasons to be agitated like this. Don't convert court proceedings into other things. We are not concerned with A state or B state. We are concerned for the entire nation. Do not see it as targeting one State. Do not make it political", the Bench reiterated.
"Precisely that is what I am also saying. I will show from the averments that it is politically motivated", Wilson replied.
When Solicitor General of India Tushar Mehta, joined the hearing midway, Justice Shah told him :"Mr.Mehta what is this, you are not serious in this matter. Last two occasions also you were not there counsel. We have seen".
SG stated that it is a matter of national interest and is being taken seriously. At this juncture, Wilson stated that the petitioner had filed petitions on the same cause earlier too. But the bench said that it will go by the cause and not the petitioner.
"Ultimately once the matter has been brought to the notice of the court, the court will decide on merits. Not on the basis of the petitioner. We have to consider the cause", Justice Shah said.
"Court can ignore the petitioner", SG Mehta said.
"We want the assistance of the Attorney General also, it is a very serious matter", Justice Shah said. After a short while, AG appeared before the bench and assured assistance.
Senior Advocate Sanjay Hegde made the suggestion to the bench to change the case title.
Senior Advocates Meenakshi Arora, Huzefa Ahmadi, CU Singh also appeared in the matter for certain intervenors.
Earlier, the bench comprising Justices MR Shah and CT Ravikumar had observed that forceful conversions were a serious issue. Commenting that charity cannot be used for conversion, the bench had asked the Centre to collect information from States regarding the steps taken against conversions through force or allurement.