Court finds procedural flaws in handling of religious conversion case under U.P. Prohibition of Unlawful Conversion of Religion Act, 2021
In a significant judgment, the Allahabad High Court has set aside an order passed by the Additional District Magistrate (Administration), Prayagraj, concerning the case of Anil Pandit, also known as Mohammad Ahashan, who converted from Islam to Sanatan Dharma. The court directed a fresh inquiry into the matter, focusing on procedural compliance under the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.
The Division Bench comprising Justices Ajit Kumar and Indrajeet Shukla found that the Additional District Magistrate erred in focusing on ancillary issues such as marriage validity and criminal allegations instead of the voluntariness and legality of the religious conversion. The court emphasized that the inquiry should strictly adhere to Section 8 of the Act, which mandates verifying the voluntariness, intention, purpose, and cause of religious conversions.
The petitioner, Anil Pandit, had followed all statutory procedures, including prior declarations to the District Magistrate, and initially received favorable reports. However, the Additional District Magistrate ordered multiple inquiries, relying on FIR contents rather than focusing on the conversion's legality. The court criticized this approach, highlighting that reliance on FIRs and charge-sheets without intrinsic material to prove coercion or undue influence is unsustainable.
During the proceedings, both Anil Pandit and his wife, Aparna Bajpai, appeared in person and submitted a joint affidavit. The court interacted with them separately, confirming the voluntariness of their marriage and conversion. Aparna Bajpai expressed her willingness to marry Anil Pandit as per Hindu customs despite opposition from her family.
The judgment underscores the sensitive nature of the case involving educated individuals and directs the Additional District Magistrate to pass a fresh order based on initial police reports and personal interactions. The court granted interim relief to the petitioner and his wife against police interference in their married life.
The statutory provisions involved in this judgment include Sections 8(1), 8(2), and 8(3) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, which outline the procedural requirements for religious conversions. The court's decision reinforces the importance of adhering to these provisions to ensure the legality and voluntariness of conversions.
Bottom Line:
U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 - Additional District Magistrate must ensure compliance with procedural requirements under Section 8 of the Act, focusing solely on the legality and voluntariness of religious conversion and not on ancillary issues like marriage validity or criminal allegations.
Statutory provision(s): U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 Sections 8(1), 8(2), 8(3)
Anil Pandit @ Mohammad Ahashan v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2897218
