Supreme Court Issues Notice on PIL Challenging Rajasthan’s Anti-Conversion Law

The Bench of Justices Vikram Nath and Sandeep Mehta on November 3, issued notice in the PIL.

The Court sought the State’s response on both the main petition and the interim stay application. The Bench has tagged the PIL with Writ Petition (Civil) No.1044/2025.

Filed by noted human rights activist John Dayal and Advocate-researcher M. Huzaifa, the petition, facilitated by the Association for Protection of Civil Rights (APCR) contends that Sections 5(6), 10(3), 12, and 13 of the law violate fundamental rights guaranteed under Articles 14, 21, 22, and 300A of the Constitution.

The petitioners argue that these provisions enable “executive punishment without judicial adjudication,” thereby dismantling the doctrine of separation of powers. It is contended that by allowing District Magistrates or gazetted officers to order demolition or forfeiture through summary inquiries, the Act effectively replaces judicial oversight with arbitrary administrative authority.

In particular, Section 5(6) of the Act permits confiscation of properties of even innocent owners “with or without consent,” which the PIL terms “a shocking institutionalisation of collective punishment and vicarious liability.”

The plea also asserts that the law amounts to a legislative overruling of the Supreme Court’s landmark 2024 ruling in In Re: Directions in the Matter of Demolition of Structures (2024 SCC OnLine SC 3291), which categorically held that no demolition or punitive action can occur without judicial determination of guilt.

Settled by Senior Advocate Abhay Mahadeo Thipsay and filed through Advocate-on-Record (AoR) Yashwant Singh, the petition underscores APCR’s commitment to safeguarding constitutional governance and judicial independence.

Research assistance was provided by Amaan Siddiqui, Mohd Saad Khan, and Ziya ur Rahaman Karim.

The matter will now be taken up for further hearing after the State of Rajasthan files its reply.