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UP govt moves SC seeking transfer of all pleas against 'love jihad' law to apex court

Additional Advocate General Manish Goyal had urged the Chief Justice of Allahabad HC to adjourn the matter sine die as the SC had issued a notice in the case to the state government.

Published: 19th January 2021 09:48 PM  |   Last Updated: 19th January 2021 09:48 PM   |  A+A-

Uttar Pradesh CM Yogi Adityanath

Uttar Pradesh Chief Minister Yogi Adityanath (Photo | PTI)

Express News Service

LUCKNOW: With a batch of petitions challenging the validity of the 'love jihad' law pending at the Allahabad High Court, the Yogi Adityanath government has moved to Supreme Court seeking transfer of all such pleas.

The UP government made the move under Article 139 A of the Constitution on Tuesday. It may be recalled that Allahabad High Court had posted the matter for the next hearing on January 25.

Article 139 A of the Constitution of India says Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or two High Courts or before two or more HCs, the Supreme Court is satisfied on its own motion or an application made by the Attorney General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the HC or the HCs and dispose of all cases itself.

Earlier, moving an application in the High Court, Additional Advocate General Manish Goyal had urged the Chief Justice of Allahabad HC Justice Govind Mathur to adjourn the matter sine die as the apex court had already taken cognizance of the issue and had issued a notice in the case to the state government.

The AAG had contended that in such a situation, it would not be appropriate for the High Court to continue hearing on the petitions.

But the High court refused to adjourn the proceedings over the batch of petitions. Consequently, the UP government decided to petition the Supreme Court in this context seeking transfer of the proceedings to it.

The SC had issued a notice on January 6 to UP and Uttarakhand governments seeking their response to the petitions challenging their respective ordinances against the unlawful conversion of religions.

The three-judge bench of the Supreme Court comprising Chief Justice SA Bobde, Justice V Ramasubramanian, and Justice AS Bopanna had posted the matter to be listed after four weeks.



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