MLA Rais Shaikh’s plea against inter-faith panel more like a PIL: Bombay HC | Mumbai News – Times of India

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MUMBAI: Expressing displeasure that even before it could see the petition, it was widely circulated in the media, Bombay high court on Monday said petition filed by a local MLA Rais Shaikh challenging State government resolution (GR) that set up an Inter-faith and Inter-caste Marriage-Family Coordination Committee, appeared to be in nature of a Public Interest Litigation (PIL).
The Samajwadi Party Member of Legislative Assembly (MLA) had filed a ‘writ petition’ through his advocate Jeet Gandhi claiming that he is a “practicing Muslim who is extremely distraught, distressed and affected by the discriminatory and unconstitutional Government Resolution dated 13.12.2022.”
Maharashtra Advocate General Birendra Saraf opposing the petition said it was not maintainable and the HC bench of Justices Gautam Patel and Nela Gokhale at the outset asked Advocate Gandhi representing Shaikh how could he file such a petition which is in the nature of PIL The advocate sought to rely on the Supreme Court judgment in Sabarimala to show that a Writ Petition –which is to claim violation of fundamental rights of the petitioner–can be filed. Justice Patel said he were to argue, the petition may get dismissed and informed the lawyer that there was a system of Roster in place where PIL are heard by the bench of the Chief Justice, at present the Acting Chief Justice, and it would be “ judicial impropriety.’’
The HC also wondered if the petitioner wanted the media to decide the matter as before the court could hear it, it was all over the media.
Shaikh’s lawyer said he would convert the petition to a PIL.
The HC directed the MLA to approach the Registry to file it as PIL and not as a ‘writ petition’. It said he may or not have a case in a PIL
The Committee seeks to provide a platform to ‘counsel, communicate and resolve issues’ between such married couples and their families. The MLA contended that the GR is “highly suggestive that inter faith marriages are to be discouraged” his petition claims.
The provisions of GR are “violative” of various fundamental rights including right to equality, right to life which includes the right to privacy), and right to freedom of religion under the Constitution of India, was his contention.

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