Petitioner In PIL On Religious Conversions Seeks Recall Of SC Order Which Removed His Name From Case-title

“...the Court may be pleased to delete the first para of the order dated 09.01.2023 [The Present petition be titled as “In Re: The Issue of Religious Conversions” henceforth] and direct the registry to use the original title of the case” i.e., ‘Ashwini Kumar Upadhyay v. Union of India And Ors.’.

By an order dated 09.01.2023, a Bench comprising Justice MR Shah and Justice CT Ravikumar had directed the Registry to change the title of the main petition in the matter, filed by Advocate, Mr. Ashwini Upadhyay as “In Re: Issue of Religious Conversion”.

The Bench had issued notice in the matter on 23.09.2022. Noting that it is a serious issue, subsequently, it directed the Centre to file an affidavit including necessary steps taken to curb religious conversions by force, allurement and fraudulent means. On 09.01.2023, considering the gravity of the matter the Attorney General for India was asked to assist the Court. On the same day, it passed directions to change the title of the case.

On January 16, there was a change of bench in the case and the matter was listed before a bench led by the Chief Justice of India. On that day, CJI Chandrachud agreed to consider the objections raised to the maintainability of the PIL on the ground that the petitioner has earlier withdrawn similar petitions filed on the same case. The CJI also asked the petitioner to remove objectionable remarks made in the petition against minority religions.

Claiming that the applicant is a social activist who is not active in politics, Upadhyay says that Court has entertained PILs filed by him on various social causes such as Establishment of Special MLA-MP Court for politicians facing criminal cases; One Nation One Voter List; One Candidate One Constitution; Appointment of Election Commissioners through collegium; Life Ban against convicted person from contesting election; bring political parties under RTI; challenge to Article 370 etc. The application mentions his challenge to the constitutional validity of practice of Polygamy, Halala, Mutan , Misyar and Sharia Court which had been referred to a Constitution Bench. 

[Case Title: In Re: The Issue Of Religious Conversion WP(C) No. 63 of 2022]