On Monday, the Supreme Court refused to transfer to itself petitions filed in Allahabad High Court challenging an ordinance brought by Uttar Pradesh state government against religious conversions and criminalizes religious conversions for marriages.
The Court remarked that if Allahabad HC would decide the case, they should not interfere and dismissed the application as withdrawn. The Bench also stated that just because they issued notice it does not mean that the High Court cannot decide and that people were making light of High Courts even though they are Constitutional Courts.
Counsel for the UP government urged the Apex Court to allow the transfer petition to avoid multiple proceedings before the Supreme Court and High Court.
To this, the Court remarked that if Allahabad High Court has seized it, they will not take up the case before the High Court and mentioned that the Supreme Court would like to have the judgement of the High Court as well.
Background of the Case:-
On January 6, the Supreme Court had issued a notice in petitions challenging UP & Uttarakhand Governments’ Ordinances against religious conversions for marriage. Even though the Bench was reluctant to entertain the petitions, they issued a notice in the case.
However, the UP government filed its counter affidavit in Allahabad High Court and requested them to adjourn the matter sine die. The Additional Advocate General stated that because the Apex Court has already taken cognizance of the matter, Allahabad High Court should not continue hearings.
When the High Court refused to adjourn the petitions, the government moved the Supreme Court under Article 139A. Before the Court, the UP government submitted that as the question of law was same in all the petitions, the case should be transferred to the Supreme Court.