UP Govt. Moves Supreme Court Seeking Transfer Of Petitions Challenging Its Anti-Religious Conversion Ordinance From HC To SC

Stating that the Supreme Court is already seized of the matter, the Yogi-Adityanath led Government has filed an application under Article 139A of the Constitution for transfer of proceedings from the High Court to the Supreme Court.

"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the High Court will lead to multiplicity of proceedings and conflicting decisions and hence the same may kindly be withdrawn / transferred to this Hon'ble Court," the application filed before the SC states.

Earlier, Additional Advocate General Manish Goyal had requested Chief Justice Govind Mathur to adjourn the matter sine die.

The AAG had 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 provision states:

"Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself."

It is significant to note that the Allahabad High Court has now adjourned hearing of pleas against the Ordinance till January 25. The order states,

"An application is preferred before the Supreme Court, where a writ petition of similar nature is pending consideration, to transfer the instant petition and all other petitions of similar nature for adjudication by the Apex Court.

In view of the statement so given, we deem it appropriate to adjourn this petition for writ.

Let this petition along with other similar petitions be listed for final hearing at this stage and 25th January, 2021."

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.

A bench comprising Chief Justice SA Bobde, Justices V Ramasubramanian and AS Bopanna had fixed the case for hearing after four weeks. The petitions are likely to be listed in the month of February.

Related News: "Women Cannot Be Denied Right To Autonomy In The Garb of Protection": Women's Rights Group Moves Allahabad HC Against UP Anti-Conversion Ordinance

Click Here To Download Order

Read Order