Jamait Ulama-i-Hind Seeking To Transfer Supreme Court Pleas Filed In six High Courts Challenging anti-ConversionLaws Of States

A transfer plea has been filed in the case Citizens for Justice and Peace v. State of Uttar Pradesh and Anr in the Supreme Court, seeking to transfer to it 21 cases pending in six high courts challenging the laws relating to religious convergences enacted by various states. , , Senior Advocate Kapil Sibal mentioned it in his submission to Chief Justice of India DY Chandrachud. In the plea, it has been mentioned by him that the Registry refused to number the transfer petition, stating that the consent of the various petitioners in the High Court was necessary. It has also been pointed out by him that, in terms of Article 139A(1) of the Constitution of India, one could move a transfer petition for consideration by the Supreme Court even without being a party to all the petitions pending in different high courts if the petitioner was a party to any of the cases before the high courts. The bench headed by CJI Chandrachud agreed to look into the matter when the batch of other cases on religious conversion is taken up during the course of the day. Therefore, when the bench was being taken, The bench, consisting of the CJI, Justice PS Narasimha, and Justice JB Pardiwala, observed the case and has decided to post the batch on Friday along with the transfer petition. , , Advocate MR Shamshad, appearing for the Jamiat, reminded the CJI of the Registry’s objection to the case number. It has been informed by the CJI that he has directed the listing of the matter. , , The court observed that, out of the six high courts where these petitions are pending (Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, and Uttar Pradesh), in two states (Gujarat and Madhya Pradesh), a partial stay has been granted by the court with regards to the provisions of the Gujarat Freedom of Religion Act, 2003 (as amended in 2021), and the Madhya Pradesh Freedom of Religion Act, 2021, by the respective high courts of the concerned states The court noted that it had been challenged by the states of Gujarat and Madhya Pradesh over the respective high courts’ interlocutory orders. The counsel, Senior Advocate CU Singh, appearing for Citizens, submitted during the hearing that laws had created a “grave situation” as inter-faith couples are finding it difficult to get married. The bench is informed by Senior Advocate Indira, which is a transfer petition for a case from Madhya Pradesh that was already being listed. She has also requested that a notice be issued on the transfer petition. The counsel, Advocate Vrinda Grover, stated that she was representing the National Federation of Women, which has filed a plea to show the effect of anti-conversion laws on women. The counsel, Attorney General for India, R. Venkatramani, objected to the transfer of the pleas, wherein it is stated that since the impugned acts were state legislation, the high courts should first hear them. It has also been informed by the AG that the Solicitor General of India will be filing an affidavit objecting to the locus of the CJP in filing the petition. The bench headed by CJI DY Chandrachud stated that the bench would hear all the matters on February 3, 2023.

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