The Supreme Court on Monday refused to entertain a petition by a Delhi Bharatiya Janata Party leader seeking a direction to the Centre and Parliament to enact a uniform civil code to put an end to alleged discrimination being faced by Muslim women.
A bench, headed by Chief Justice T S Thakur, said it was not for the apex court to pass a direction to Parliament to introduce a bill in this regard and warned the petitioner that if such petitions were filed without regard to the law, the court will come down very heavily.
“If you file such petitions, we will have to come down heavily,” the bench, also comprising Justices A K Sikri and R Banumathi, said while disapproving the submissions made by senior advocate Gopal Subramanium on behalf of Ashwini Kumar Upadhaya.
The bench said those who are being allegedly discriminated have not come forward for redressal.
“Has anybody from the community discriminated come forward,” the bench said adding that “it is a wastage of time going through such petitions when law is well settled”.
“Legal position is very well settled. There are judgements on the issue and you are required to look into it. This court had already decided not to go into the issue,” the bench said.
“The Supreme Court has already said that it is for Parliament to take a view on the issue,” the bench further said and asked the senior advocate “you tell us how a mandamus can be issued to Parliament to introduce a bill on Uniform Civil Code? We hope that Parliament will address these issues but it is not in the realm of courts.”
The local BJP leader and practicing advocate had placed reliance on two Supreme Court judgments, one of which was a recent judgment delivered by Justice Anil R Dave and Justice A K Goel.
“If there is a judgment already, why don’t you seek its implementation rather than file a fresh petition?” the bench said.
