The Supreme Court summoned the Uttar Pradesh Home Secretary today over the state's lack of control over its lawyers. The top court, fuming over the failure of lawyers representing Chief Minister Yogi Adityanath's government to respond to notices, has warned the Home Secretary that unless the state set its house in order, he will be forced to argue their case. "If no lawyer respond(s) to Supreme Court notice, Home Secretary will have to appear in the court to defend the case," the court declared.
The case in question relates to a 16-year-old Muslim girl who has claimed her alleged marriage to a 24-year-old Muslim man is valid under Mohammedan law. The Allahabad High Court earlier upheld a lower court's order declaring her alleged marriage void because she had yet to attain age of majority.
The girl, who is currently at a girls' shelter as per the High Court's order, had petitioned the Supreme Court against the decision, while also claiming that her enforced stay violated her fundamental right of equality and that it "amounts to illegal detention, whereas she, after attaining puberty, is competent to marry as per Mohammedan law."
"No responsibility for your state. Lawyers don't respond. Is this the way Uttar Pradesh is behaving? It is a serious matter as the girl is kept in a shelter home. (Why is the) government not assisting us?" the Supreme Court asked.
The Uttar Pradesh government has repeatedly sought extension to file a counter-affidavit in this matter. The last hearing was on Thursday after having been deferred from September 18.
The court will now hear the case on October 1, when the girl, her alleged husband and her father are to be produced before it. The court has also requested that a psychiatrist, preferably a woman, from AIIMS in Delhi interact with the girl.
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