Supreme Court Dismisses PIL Challenging Trial Court's Comments on ‘Love Jihad’
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New Delhi, Jan 2 (NationPress) The Supreme Court on Thursday turned down a public interest litigation (PIL) that requested the removal of certain statements made by a trial court. The trial court had noted that the issue of “love jihad” conversion should not be dismissed lightly and that “illegal conversion poses a significant risk to the unity, integrity, and sovereignty of the nation.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti interrogated the petitioner regarding the court's ability to expunge remarks made by the trial court based on evidence in a writ proceeding.
The bench remarked: “How does this concern you? Is this truly a matter we can address via an Article 32 petition? Should we dismiss or withdraw it?”
Noticing the Justice Roy-led bench's reluctance to consider the plea, the attorney for the petitioner opted to withdraw the PIL.
Consequently, the apex court officially dismissed the petition as withdrawn.
The PIL aimed to contest the “unwarranted and prejudicial” comments made in a ruling dated September 30 by the Additional Sessions Judge of Fast Track Court-I in Bareilly, Uttar Pradesh, regarding the Muslim community.
The petitioner sought the elimination of serious and discriminatory remarks that undermine the constitutional principles of secularism and equality.
The submission indicated that the disputed remarks in the trial court's judgment grossly violate the secular values and fundamental tenets of the Indian Constitution as outlined in the Preamble and supported by Articles 14, 15, 21, and 25.
These articles collectively guarantee equality before the law, ban discrimination based on religion, protect religious freedom, and uphold the right to life and personal liberty, which includes the right to dignity,” it noted.
The petition mentioned that during a Lok Sabha session in 2020, the Union Home Minister stated that no cases of “love jihad” had been reported by any central agency and that the term lacks a definition in existing laws.
Additionally, the PIL requested the establishment of guidelines for courts nationwide to ensure that judicial decisions remain free from personal or generalized comments, especially those that might infringe upon the fundamental rights of any community, group, or individual, or undermine the foundational principles of the Indian Constitution, thereby maintaining the integrity and neutrality of the judiciary.
According to the PIL, the trial court's comments included allegations of “love jihad,” a definition of the term, claims of international funding allegedly tied to this supposed phenomenon, and directions to the Superintendent of Police to apply the Uttar Pradesh Prevention of Illegal Conversion Act, 2021 in all relevant future cases.
