The hearing of a writ case that sought to outlaw political parties that utilise names and symbols with religious overtones was postponed by the Supreme Court of India on Friday until January 31.

For the Indian Union Muslim League (IUML), Senior Advocate Dushyant Dave testified before a bench of Justices MR Shah and MM Sundresh that the petitioner was selectively impleading particular parties. IUML and AIMIM had been pleaded by the petitioner.

"Lordships had granted leave to implead necessary (political) parties. There is no urgency. Election Commission has dismissed similar pleas. No one challenged those. The petitioner is being selective here. Why the petitioner is targeting only IUML when Supreme Court wanted the names of "parties" that he wanted to implead? What about Shiv Sena, Shiromani Akali Dal?"

Dave further questioned the petitioner's integrity by pointing out that he had just been granted bail in a case involving hate speech.

The Bench then ordered that the petitioners be provided with a copy of the rebuttal affidavit submitted by the Election Commission of India. It also permitted the petitioners to submit a response and the respondents to submit a counter.

"In a previous order, we have already granted permission to the petitioner to implead parties. Counsel, don't be too technical", Justice Shah told Dave.

In its counter-affidavit, the ECI informed the Supreme Court that the Representation of Peoples Act, 1951 does not contain any clear statutory provisions that forbid the registration of political parties with names that have religious overtones.

Senior Advocate Bhatia had argued during a prior hearing on behalf of the petitioner that two parties with names that contain the word "Muslim" are recognised state parties. Some political parties' official flags feature a crescent moon and stars. According to him, the petition identified a number of additional parties with religious titles.

The Court, on September 12 had released on bail Jitendra Narayan Tyagi aka Waseem Rizvi in the matter connected to the alleged hate remarks made during the Dharm Sansad which was hosted in Haridwar between 17th and the 19th December 2021.

Case Title: Syed Waseem Rizwi v. ECI And Anr.

Citation: WP(C) No. 908/2021 PIL