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1977 Supreme(SC) 21

A. N. RAY, JASWANT SINGH, M. H. BEG, P. N. SHINGHAL, R. S. SARKARIA
Rev. Stainislaus: Rev. Stainislaus: State Of Orissa – Appellant
Versus
State Of M. P. : State Of M. P. : Yulitha Hyde – Respondent


Advocates:
B.P.MAHESHVARI, B.R.SABHARWAL, BRIJBANS KISHORE, D.PARTHASARATHY, FRANK ANTHONY, GOBIND DAS, H.S.PARIHAR, J.B.DADACHAN, K.J.JOHN, O.C.MATHUR, R.K.MEHTA, RAM PANJWANI, RAVINDER NARAYAN, SOLI J.SORABJEE, SOLI J.SORABJI, Suresh Sethi

Judgment

RAY, C.J.I. :- These appeals were heard together because they raise common questions of law relating to the interpretation of the Constitution.

2. Civil Appeals Nos. 1489 and 1511 of 1974 and Criminal Appeal No. 255 of 1974 are directed against a judgment of the Madhya Pradesh High Court dated 23rd of April, 1974. We shall refer to these as the Madhya Pradesh cases. Civil Appeals Nos. 344-346 of 1976 relate to a judgment of the Orissa High Court dated 24th October, 1972. We shall refer to these appeals as the Orissa cases.

3. The controversy in the Madhya Pradesh cases relates to the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968, hereinafter referred to as the Madhya Pradesh Act. The controversy in the Orissa cases arises out of the Orissa Freedom of Religion Act, 1967, hereinafter referred to as the Orissa Act.

4. The provisions of the two Acts in so far as they relate to prohibition of forcible conversion and punishment therefore, are similar and the questions which have been raised before us are common to both of them. It will, therefore, be enough for the purpose of appreciating the controversy, to make a somewhat detailed mention of the facts of the Madhya Pradesh cas








































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