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'Approach High Court' : Supreme Court Refuses To Entertain Petition Challenging Madhya Pradesh 'Love Jihad' Law

LIVELAW NEWS NETWORK
19 Feb 2021 6:25 AM GMT
Approach High Court : Supreme Court Refuses To Entertain Petition Challenging Madhya Pradesh Love Jihad Law
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The Supreme Court on Friday refused to entertain a writ petition which challenged the constitutional validity of the Madhya Pradesh Freedom of Religion Ordinance dealing with religious conversions and inter-religious marriages."Approach the MP High Court. We would like to have the views of HC. We've sent similar matters back to HC", a bench headed by the Chief Justice of India observed...

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The Supreme Court on Friday refused to entertain a writ petition which challenged the constitutional validity of the Madhya Pradesh Freedom of Religion Ordinance dealing with religious conversions and inter-religious marriages.

"Approach the MP High Court. We would like to have the views of HC. We've sent similar matters back to HC", a bench headed by the Chief Justice of India observed while considering a writ petition filed Vishal Thakre and few others.

The bench asked the petitioner's counsel to withdraw the petition and granted liberty to move the High Court. The Madhya Pradesh High Court has already issued notice on a petition challenging the Freedom of Religion Ordinance on January 30.

The petitioners had contended that the MP law, which followed a similar ordinance made by the Uttar Pradesh in the name of 'Love Jihad', infringed a person's right to privacy and freedom of choice, leading to the violations of fundamental rights under Articles 14, 19(1)(a) and 21 of the Constitution of India.

Recently, the Supreme Court had refused to entertain a similar petition filed by PUCL against the UP ordinance on religious conversions asking them to approach the High Court.

Another petition filed by Vishal Thakre and others challenging the UP Ordinance is pending in the SC. Also pending is a PIL filed by "Citizens for Justice and Peace(CJP)" against the UP Ordinance and the Uttarakhand Freedom of Religion Act. Earlier this week, a CJI-led bench had allowed the CJP to bring on record challenges against similar laws made by Himachal Pradesh and Madhya Pradesh. Jamiat Ulema-E-Hind(a body of Islamic scholars) has impleaded in the petition filed by CJP saying that the laws are being used to harass several Muslim youths.

Earlier, the Supreme Court had rejected a plea by the Uttar Pradesh Government to transfer the petitions challenging the UP Ordinance form High Court to SC. A bench led by the CJI had observed that the SC will not stop the High Court from hearing the matter.





 


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