The Supreme Court on Saturday stayed an Allahabad High Court order, which sought the help of the Astrology Department of University of Lucknow, to decide if a woman was “Mangalik“ (person with Mangala Dosha in their horoscope).
The Lucknow Bench of the Allahabad HC had passed the order while hearing the bail application of a man accused of raping the woman on pretext of marriage. The accused had told the court that he could not marry her because she is a Mangalik. However, the counsel of the victim had denied she had the Dosha.
Taking suo motu cognisance of the matter, the Vacation Bench of the SC, comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal, in a special sitting observed that the HC order was “totally out of context”.
Solicitor General Tushar Mehta when asked by the court if he had seen the orders said “it is disturbing”. He requested the Bench to stay the order.
Advocate Ajay Kumar Singh, representing the accused, told the court that Astrology is a “science and is taught in universities”. However, the court maintained that the order disturbs the “right to privacy”.
“The orders passed by the Single Judge while considering the bail application is a subject matter of this case. At this stage we say nothing on merits of the case except that in the interest of justice... the order so far as it gives directions to the head of Department of Astrology - we stay the operation of the order,” the court said.
It added that the matter will be taken up on the next date of listing and will be decided on its merits.
The high court had, on May 23, asked both parties to submit their Kundali (horoscope) at the university which was directed to submit a report within three weeks. The matter is listed for further hearing on June 26.
“Let Head of Department [Astrology], Lucknow University, decide the matter whether the girl is mangalik or not... The Head of Department... is directed to submit a report in a sealed cover within three weeks to this court,” the HC order said.
Sources told The Hindu that the two had met on a matrimonial site.
