Mumtaz Alam vs State Of U. P. - 2023 Supreme(All) 1658

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1658

J. J. MUNIR
Mumtaz Alam – Appellant
Versus
State Of U. P. – Respondent

Advocates Appeared:
For the Petitioner: Sharad Saran Srivastava.
For the Respondents: Devendra Kumar, Shekhar Gangal.

JUDGMENT :

(J.J. Munir, J.) :

1. The issue is: Whether with the evolution of society and the right to life receiving a progressively expanded interpretation, should not the right to adopt a child for citizens of India, who are Muslims, be also regarded as part of the fundamental right enshrined under Article 21 of the Constitution?

2. Since there is hardly a dispute on facts involved in this case, Mr. P.C. Srivastava, learned Additional Advocate General assisted by Mr. Yashwant Singh, learned Standing Counsel appearing on behalf of respondent Nos.1 and 2, waived their right to file a return. Likewise, Mr. Shekhar Kumar, learned Counsel appearing on behalf of respondent No.3, also waived his right to file a counter affidavit.

3. The petition was, accordingly, admitted to hearing and heard without a return.

4. Heard Mr. Sharad Saran Srivastava, learned Counsel for the petitioner, Mr. P.C. Srivastava, learned Additional Advocate General assisted by Mr. Yashwant Singh, learned Standing appearing on behalf of respondent Nos. 1 and 2, and Mr. Shekhar Kumar, learned Counsel appearing on behalf of respondent No.3.

5. The short facts giving rise to this petition are that the petitioner, Mumta