On Wednesday the Nagpur bench of the Bombay High Court refused to hear a public interest litigation (PIL) which was made challenging the Citizenship Amendment Act (CAA). The Court refused to hear the PIL filed by social worker Urmila Kowe stating that the Apex Court is already hearing pleas in this regards and it would be unnecessary and wrong for the High Court to interfere with a matter already pending in the Supreme Court.
The PIL challenging CAA
On January 20th social worker Urmila Kowe approached the Nagpur bench of the Bombay High Court challenging the controversial CAA. The PIL challenged the said central law terming it as arbitrary, unreasonable and violative of the Constitution of India. Urmila Kowe in her PIL stated that the CAA is arbitrary, unreasonable and violative of the Constitution. It violates the fundamental rights of the citizens and is against the principles enshrined in the preamble of the Constitution which lays down that the State has no religion and there cannot be any discrimination among citizens. Mr. Ashwin Ingole advocate representing Urmila Kowe said that the petition sought a direction for the State Government to not implement the CAA in the State of Maharashtra.
Key Features
- High Court refused to hear the PIL stating that the Supreme Court is already hearing pleas in the same matter.
- The Court observed that it would be wrong for the High Court to intervene in a matter which is already pending in the Supreme Court.
- The High Court permitted the petitioner to move to the Supreme Court where the related matter is already ongoing.
The HC say
The Nagpur bench consisting of Justice RK Deshpande and Justice AM Borkar on Wednesday refused to hear the PIL, filed by social worker Urmila Kowe challenging the CAA, stating that the Supreme Court is already hearing matters related to this. The High Court permitted Urmila Kowe to move to the Supreme Court where the matter is already being heard. The Court found it improper to intervene in a matter pertaining to the issue as similar petitions are already being heard by the Apex Court.
The Supreme Court on Wednesday already made its intentions clear saying that the CAA won’t be granted any stay because of the petitions. Attorney General Venugopal has also sought time to respond to the 143 petitions filed in the Supreme Court against the CAA. The Supreme Court has said that no stay will be ordered by the Court before hearing the Centre on the matter. The Bombay High Court has permitted Urmila Kowe to approach the Supreme Court and put her PIL also with all other PILs challenging the controversial CAA, the Court will not interfere with the matter as similar matters are already being heard by the Apex Court.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
1. The Hindu, https://www.thehindu.com/news/cities/mumbai/bombay-hc-refuses-to-hear-pil-against-caa/article30623360.ece (last visited 23rd January 1:40 PM)
2. India Today, https://www.indiatoday.in/india/story/caa-hearing-live-updates-news-supreme-court-pleas-citizenship-law-1638997-2020-01-22 (last visited 23rd January 1:40 PM)
