VARYAVA ABDUL VAHAB MAHMOOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates appearing for the respective parties, all these matters are taken up for final hearing today itself. Hence, Rule. Learned advocates appearing for the respective respondents waive service of rule on behalf of respective respondents.

(2.) At the outset, learned Senior Counsel Mr. I. H. Syed assisted by learned advocate Mr. Anik Kadri and learned advocate Mr. MTM Hakim appearing with Mr. Isa Hakim appearing for the applicants pointed out to the Court that this Court may defer hearing of these petitions as there is a stay granted by the Division of this Court in respect of Ss. 3, 4, 4A to 4C, 5, 6 and 6A in respect of challenge to the virus of the amended Act of Gujarat Freedom of Religion Act, 2003 and when the said Act was amended in the year 2021, the amended Act was subject matter of challenge before the Division Bench of this Court by way of Special Civil Application No.10304 of 2021 and Special Civil Application No.10305 of 2021. It was also brought to the notice of the Court that the aforesaid order whereby certain Ss. of the Act were challenged vide order dtd. 26/8/2021, were carried before the Hon'ble Supreme Court by the State of Gujarat by way of Special Leave Petition (Criminal) No.19945 and 19946 of 2021 and the same are pending before the Hon'ble Supreme Court. It was also submitted by learned Senior Advocate Mr. I. H. Syed and learned advocate Mr. MTM Hakim that thereafter, some transfer petitions are also filed before the Hon'ble Supreme Court and the same is also pending. However, it was fairly conceded by learned Senior Advocate Mr. I. H. Syed and learned advocate Mr. MTM Hakim that there is no transfer petition filed in respect of this set of petitions and there is no order whereby the hearing of the present petitions are stayed.

(3.) Mr. Mitesh Amin, learned Additional Advocate General assisted by Mr. Hardik A. Dave, learned Public Prosecutor assisted by Mr. Ronak Raval and Mr. Trupesh Kathiriya, learned Additional Public Prosecutors as well as Mr. Maulin Raval, learned Senior Advocate assisted by Mr. Harshash Kakkad and Ruchika Kakkad and Mrs. Yogini Parikh and Mr. Yash J. Patel and learned advocate Mr. R. C. Kodekar with Mr. Parthiv A. Bhatt and Maharshi Patel appearing for respective respondents have drawn attention of the Court that the order passed by the Division Bench of this Court does not stay the amended Ss. 3, 4, 4A to 4C, 5, 6 and 6A completely and the aforesaid stay is operating only in respect of the cases of inter-faith marriage and on account of any conversion of religion which has taken place on account of some inter-faith marriage. Learned counsels appearing for the respective respondents have drawn attention of this Court to the order dtd. 19/8/2021 passed by the Division Bench of this Court in Special Civil Application No.10304 of 2021 and 10305 of 2021 and pointed out from the order itself and more particularly, from paragraph 9 of the said order which indicates that interim order is only on the line of arguments advanced by learned counsels and to protect the parties solemnizing marriage inter-faith from being unnecessarily being harassed. However, to bring more clarity, I deem it appropriate to reproduce the entire order dtd. 19/8/2021 passed in Special Civil Application No.10304 and 10305 of 2021 by the Division Bench of this Court whereby certain Ss. of the amended Act were partly stayed as submitted by learned counsel appearing for the respective parties, which reads as under :-