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Ahmedabad, June 30: THE Gujarat High Court (HC) on Monday dismissed petitions filed by the All India Christians’ Council (AICC) and Buddha Gaya Mahabodhi Vihar (BGMV) challenging the provisions of the Gujarat Freedom of Religion Act 2003, saying that the petitions were premature.
On Monday, Advocate General S N Shelat submitted before the court that the State Government has so far not issued notification u/s 1(2) of the act in the official gazette for bringing it into operation and said a law is open to challenge only after it comes into force. The Advocate General also submitted before the court that presently there is no threat to the religious right of the petitioner.
Earlier, advocate R D Raval appearing for the AICC, argued before the court that as the State Legislature has already passed the act and the Governor has also given his assent on April 7, the Government will at any time issue notification and bring the act into force. He also submitted that it is not the contention of the Government that it will never bring the act into effect and not make rules under the provisions of section 8 of the act. The powers delegated to the district magistrate are absolute and unguided, Raval told the court.
AICC and BGMV had filed a petition in the HC seeking declaration of the Gujarat Freedom of Religion Act 2003 as unconstitutional. It also said that the act violated the fundamental rights.
The petitioners had also challenged the section 8 of the act which makes it compulsory for an indiviual or an organisation wanting to change of religion prior approval of the respective district magistrate. |