UP govt seeks direction to transfer all Anti-Conversion Ordinance pleas to SC
Jan 19, 2021
New Delhi [India], January 19 : The Uttar Pradesh government has approached the Supreme Court seeking direction to transfer to itself all the petitions pending in the Allahabad High Court against Anti-Conversion Ordinance passed by the government.
The Uttar Pradesh government in an application said that Apex Court is already seized of the matter challenging the Ordinance so the petitions pending before the High Court should be transferred and heard by the top court.
Uttar Pradesh Additional Advocate General Manish Goyal in the application said that the Allahabad High Court while hearing pleas challenging Ordinance, has also stated in its order on January 18 that the Uttar Pradesh government sought adjournment of the case saying the government has approached the apex court for transfer of the case to the apex court as it's already seized of similar cases.
The High Court taking into note the submission made by Additional Advocate General adjourned the hearing of pleas against the Ordinance till January 25.
"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 the writ. Let this petition along with other similar petitions be listed for final hearing at this stage and 25 January 2021," the High Court order stated.
Earlier, the top court on January 6 agreed to examine the constitutional validity of a spate of laws enacted by States such as Uttar Pradesh and Uttarakhand that criminalise religious conversion via marriage and mandate prior official clearance before marrying into another faith.
The challenging the Ordinance passed by Uttar Pradesh and Uttarakhand governments had issued a notice on the petitions to the states.
A bench headed by Chief Justice of India SA Bobde issued notice to Uttar Pradesh and Uttarakhand governments but not stay the implementation of Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and the Uttarakhand Freedom of Religion Act, 2018.
The pleas in the apex court stated that "rampaging mobs are lifting off people in the middle of wedding ceremonies," buoyed by the enactment of the laws.
The petitions filed by advocates Vishal Thakre and AS Yadav and researcher Pranvesh said the laws were against public policy and society at large.
The Jamiat-Ulama-i-Hind has sought to be made a party in the case, saying the Uttar Pradesh law violates the fundamental rights of the Muslim youth, who are being targeted and demonised.
