Jyotish Mangalik: The Supreme Court on Saturday stayed the order of the Allahabad High Court, in which the head of the astrology department of Lucknow University was asked to decide whether the alleged rape victim is Manglik or not.
The Supreme Court itself took cognizance of the matter and held a special hearing on Saturday. The Supreme Court said that it is not understood why the High Court while hearing the bail application, asked both the parties to submit their horoscopes to ascertain whether the girl is Manglik or not. The High Court had passed the related order on May 23 while hearing the bail plea of a person accused of raping a girl by falsely promising marriage.
What was the argument given in HC?
The man’s lawyer had argued in front of the Allahabad High Court that since the girl is Manglik, there cannot be a marriage between the two. However, the lawyer appearing for the girl insisted before the High Court that she was not a Manglik.
A bench of Justice Sudhanshu Dhulia and Justice Pankaj Mittal asked Solicitor General Tushar Mehta, who appeared in the matter, ‘Mr. Mehta, have you seen it?’ Mehta said, ‘I have seen it. This is troubling. I request you to stay this order.
An advocate appearing for the complainant told the bench that the High Court has passed the order with the consent of the parties.
The bench said, ‘But it is completely out of context. What does this have to do with the subject matter? Apart from this, it includes many other things. An obstacle has arisen in the right to privacy and we do not want to say, there are many other aspects.
Noting that astrology is a science, Mehta said, “The question is whether it can be a consideration while considering an application at the judicial stage.” The bench said that there is no doubt that astrology is a science, but there are many aspects to the matter.
Supreme Court stayed the HC order
The Supreme Court said, ‘We are not getting into the merits of the case.’ Staying the order of the High Court, the bench said, this court itself takes cognizance of the matter, which has been placed before us. It directed the Registry to issue notices to all concerned parties including the State.
The bench adjourned the next hearing of the case till the week commencing from 10th July. It said, “We have stayed the order and allowed the court to decide the bail application on its merits.” We do not understand why this astrological report was sought.
The Allahabad High Court, in its order dated May 23, had said, ‘Let the Head of the Department of Astrology, Lucknow University, decide whether the girl is Manglik or not and the concerned parties shall within 10 days from today present the horoscope to the Head of the Department of Astrology, Lucknow University. Will present. The Head of the Department (Astrology Department), Lucknow University is directed to submit a report in a sealed cover to this Court within three weeks. This matter is listed for June 26, 2023.