The Kerala High Court on Thursday adjourned the hearing of a writ petition challenging the Citizenship Amendment Act, 2019.
The PIL has been filed by one Shamem MS through Advocate AX Varghese. The petitioner, apart from a prayer to declare CAA unconstitutional, also urges Court to direct all the respondents not to implement CAA.
Advocate AX Varghese, representing the petitioner, submitted before the bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly that the Act violated the basic structure of the Constitution
Assistant Solicitor General P. Vijayakumar, representing the Centre, appraised the bench that a transfer petition has been filed by the Central Government seeking transfer of a similar writ petition in Karnataka HC to Supreme Court.
If this High Courts entertains and decide the writ petitions, it may lead to divergent views, ASG told the bench.
Though the petitioner's counsel requested the bench to hear the matter, contending there is no direction from SC to HCs in this regard yet, the bench adjourned the case to next week.
The Supreme Court is slated to consider a batch of petitions challenging CAA on January 22.
On January 7, the Karnataka HC had agreed to hear a petition against CAA observing that the SC has not stopped High Courts from dealing with the matter.
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