The Supreme Court on Monday declined to entertain a plea by the Uttar Pradesh government to transfer all petitions against the anti-conversion ordinance pending in the Allahabad High Court to itself.
A bench headed by Chief Justice SA Bobde said it would like to take advantage of a decision by the High Court, where the matter is slated for hearing in February.Senior Advocate PS Narasimha, representing the UP government, said that identical petitions challenging the ordinance were pending in the High Court.The top Court said that it was aware of the High Court cases when it issued notice in the matter earlier. "If the High Court is going to decide the cases, why should we interfere?" the bench remarked.
The counsel for the respondents submitted that the High Court had listed the matter for hearing on February 2.The Chief Justice responded that if the High Court was already seized of the matter, the apex court would not hear it.Narasimha contended that the top court had already issued notice in the matter."We have issued notice but it does not mean that the High Court cannot decide. People are making light of High Courts these days. The High Court is a constitutional court," said the bench.
On January 6, the top court had agreed to examine the constitutional validity of the anti-conversion laws enacted by Uttar Pradesh and Uttarakhand, but refused to stay the controversial legislations. The top court had issued notices to the two states on the petitions that challenged the laws.
