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Allahabad High Court Issues Notice To UP Govt On Pleas Challenging Love Jihad Ordinance; Posted For Hearing On Jan 7

Akshita Saxena
18 Dec 2020 5:49 AM GMT
Allahabad High Court Issues Notice To UP Govt On Pleas Challenging Love Jihad Ordinance; Posted For Hearing On Jan 7
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The Bench refused to grant any interim relief in the form of stay order.

The Allahabad High Court on Friday issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020- promulgated by the UP Governor in November this year, to prohibit religious conversions in the name of 'love jihad'.A Bench comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal has asked the UP Government to file...

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The Allahabad High Court on Friday issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020- promulgated by the UP Governor in November this year, to prohibit religious conversions in the name of 'love jihad'.

A Bench comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal has asked the UP Government to file a counter affidavit by January 4 and has fixed the case for hearing on January 7, 2020. Liberty is granted to the Petitioners to file rejoinder affidavit by January 6.

The Bench however refused to grant any interim relief in the form of stay order. 

The primary contention raised by the Petitioners is that the ordinance impinges upon their fundamental right to choice and the right to change of faith.

Inter alia, the Ordinance is said to be violative of citizens' rights under Article 14 (Right to Equality), 15 (Prohibition of discrimination on grounds of religion, etc.), 21 (Right to life) and 25 (Freedom of conscience, etc.) of the Constitution, and antithetical to the authoritative pronouncement of a Division Bench of the High Court in the Salamat Ansari case.

"Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law

The writ petitioners had also submitted that there was no emergent ground to exercise the ordinance making power under Article 213 of the Constitution and that the State failed to show any unforeseen or urgent situation to justify the law.

The writ petitioners include (i) Advocate Saurabh Kumar, represented by Advocates Devesh Saxena, Shashwat Anand and Vishesh Rajvanshi; and (ii) Ajit Singh Yadav, represented by Advocate Ramesh Kumar.

Additional Advocate General Manish Goyal appeared for State.

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