Gujarat High Court Upholds FIRs in Forced Religious Conversion Case
Court Dismisses Petitions Against Alleged Forced Conversions Under Gujarat Freedom of Religion Act, 2003
In a significant ruling, the Gujarat High Court has dismissed a series of petitions seeking to quash FIRs linked to allegations of forced religious conversions under the Gujarat Freedom of Religion Act, 2003. The case, involving multiple applications from accused individuals, was heard by Justice Nirzar S. Desai who found sufficient grounds to proceed with the investigation and trial based on the evidence presented.
The petitions were filed by various applicants challenging the FIR registered at Aamod Police Station, Bharuch District, against them for offences under several sections of the Indian Penal Code, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Information Technology Act, 2000. The allegations centered around the use of allurement and pressure tactics to convert individuals from Hinduism to Islam.
Justice Desai held that the court's jurisdiction under Section 482 of the Code of Criminal Procedure is limited to determining if a prima facie offence is made out, and detailed scrutiny of materials is beyond its scope at this stage. The judgment emphasized that the delay in filing the FIR does not invalidate it, as the punishment prescribed exceeds three years, aligning with established legal precedents.
The court also addressed the issue of sanction for prosecution, affirming that the sanction granted by the District Magistrate is valid and its legality can be challenged during trial. Furthermore, the court noted the ongoing process to declare one applicant a proclaimed offender due to non-cooperation, underscoring the seriousness of the charges.
The ruling marks a reaffirmation of the legal framework established to prevent forced religious conversions, supporting the enforcement of the Gujarat Freedom of Religion Act as amended in 2021. This decision is expected to have significant implications for similar cases across the state and reinforces the judicial stance on safeguarding religious freedom and preventing unlawful conversions.
Bottom Line:
Gujarat Freedom of Religion Act, 2003 as amended in 2021 - Challenge to FIRs concerning allegations of forced religious conversions - Court observed that "prima facie" offences were made out against the applicants and dismissed their petitions for quashing the FIRs.
Statutory provision(s): Gujarat Freedom of Religion Act, 2003 (Sections 3, 3A, 6A), Code of Criminal Procedure, 1973 (Section 482), Indian Penal Code (Sections 120(B), 153(B)(1)(C), 153(A)(1), 295(A), 506(2), 466, 467, 468, 471), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (Section 3(2)(5-A)), Information Technology Act, 2000 (Section 84C).
Varyava Abdul Vahab Mahmood v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2790935
