The Supreme Court on Monday dismissed the Uttar Pradesh government’s plea to transfer to the court all petitions filed in the Allahabad Hi...
The Supreme Court on Monday dismissed the Uttar Pradesh government’s plea to transfer to the court all petitions filed in the Allahabad High Court challenging the new law that criminalises interfaith marriages, Live Law reported. A bench headed by Chief Justice of India SA Bobde took exception to the request, and asserted that no constitutional court should be taken lightly.
“If the Allahabad High Court is going to decide the cases, why should we interfere?” the court asked. “We have issued notice does not mean High Court cannot decide. People are making light of High Courts these days. The High Court is a constitutional court.”
Advocate PS Narasimha, appearing for the Uttar Pradesh government, urged the Supreme Court to allow the transfer petitions to avoid multiplicity of proceeding before the High Court and the Supreme Court. “Similar petitions are pending in the High Courts,” he argued.
In its transfer plea, the Adityanath government had cited Article 139A of the Constitution. Article 139A empowers the Supreme Court to transfer or withdraw any case pending before any High Court to any other High Court or dispose it itself.
But the Supreme Court on Monday expressed its disinclination to transfer the petitions. “If the Allahabad High Court is seized of it, and we are...
