Umamageswari Maruthappan
The Supreme Court signified the constitutionality of the High Court and refused to transfer to itself the cases relating to unlawful conversion that are pending before the Allahabad High Court.
“We have issued notice does not mean High Court cannot decide. People are making light of High Courts these days. High Court is a constitutional court,” the Apex Court Bench headed by CJI Bobde said.
According to the dates of hearing of the petitions, the High Court listed the matter for 2nd February 2021 which is before the hearing date of the Supreme Court.
“If the Allahabad High Court is seized of it, and we are not going to hear before it, why should we stop the HC?,” the Bench stated.
CJI Bobde further expressed the Bench’s interest in knowing the judgement of the High Court.
Following the promulgation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 in November 2020, the Uttar Pradesh Government has been caught up in controversies.
Several petitions were filed before the Allahabad High Court challenging the debatable ordinance. The petitioners approached the Court seeking a direction to make the ordinance as ‘Ultra Vires’. The contentions made, stated violation of the fundamental rights guaranteed under the Constitution.
The matter had also reached the Apex Court in light of which a notice was issued seeking a response from Uttar Pradesh and Uttarakhand.
In this circumstance, the Uttar Pradesh Government through Additional Solicitor General PS Narasimha filed an application under Article 139A and requested the Supreme Court to take over the petitions filed in the High Court and merge them with those pending before it.
The UP Government did not seem it appropriate for the Allahabad HC to hear the case which is also a matter listing for hearing before the Supreme Court.
Since the Supreme Court denied the Government’s contentions and dismissed the application as withdrawn, it is expected that the Allahabad HC is set to hear the matter on 2nd February 2021.