MP Govt challenges HC order holding need to intimate DM of religious conversion unconstitutional; SC issues notice
When the matter was taken up today, the Court also deliberated on the aspect of the declaration provision not being there in the previous Act which was introduced in 1968.
The Supreme Court today issued notice in a plea by the Madhya Pradesh government filed against the High Court's order that held the mandatory requirement under Madhya Pradesh Freedom of Religion Act to give a declaration regarding religious conversion to the DM, to be prima facie unconstitutional.
SG Tushar Mehta appearing for the State of Madhya Pradesh submitted before Court today that a stay may be granted against the said order.
"There is no prohibition against conversion. District Magistrate may only be intimated, that is all...", SG Mehta added.
To this, Justice MR Shah responded saying, " All conversions cannot be said to be illegal. We can say intimation but no penal action for contravention?"
SG Mehta further told the bench also comprising Justice CT Ravikumar that such an order might create replication.
Court, however, refused to grant stay in the matter.
In the impugned order, the High Court had directed the government not to take any coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 which stipulated the declaration aspect.
The High Court had further directed the state to not prosecute any adult citizens who solemnised their marriages of their own volition.
Case Title: State of MP vs. Samuel Daniel