In order to have 21 cases that are now pending in 6 High Courts contesting the legislation relating to religious conversions passed by various states transferred to the Supreme Court, Jamiat Ulama-i-Hind filed a transfer petition with the court.
On January 30, Senior Advocate Kapil Sibal brought up the petition before Chief Justice of India DY Chandrachud. He said that the Registry declined to assign a number to the transfer petition, claiming that the High Courts' various petitioners' approval was required. According to Article 139A(1) of the Constitution, if the petitioner is a party to any of the cases, he or she may bring a Transfer Petition for consideration by the Supreme Court even if they are not parties to all of the petitions pending in the several High Courts.
CJI Chandrachud agreed to look into the situation when the group of further cases involving religious conversion are heard later in the day. The bench, which included Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, agreed to post the batch along with the transfer petition on the following Friday.
Jamiat's attorney, MR Shamshad, informed the CJI of the Registry's objection to the case's number. He was informed by CJI that the subject should be listed.
In two States, namely Gujarat and Madhya Pradesh, a partial stay has been granted with regard to the provisions of the Gujarat Freedom of Religion Act, 2003 (as amended in 2021), and the Madhya Pradesh Freedom of Religion Act, 2021, out of the six High Courts where these Petitions are pending: Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, and Uttar Pradesh. The aforementioned interim orders of their respective High Courts have been contested by the States of Gujarat and Madhya Pradesh.
Senior Advocate CU Singh, speaking on behalf of Citizens for Justice and Peace, stated at the hearing that the laws had produced a "terrible situation" since interfaith couples are having trouble getting married.
"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.
Citation: WP(Crl) No. 428/2020 and connected matters
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