Religion Conversions FIR’s : "prima facie" offences were made out
Gujarat High Court Upholds Validity of FIRs in Alleged Forced Conversion Cases. Court affirms prima facie offences under Gujarat Freedom of Religion Act, dismisses petitions challenging FIRs
In a significant ruling, the Gujarat High Court, presided over by Justice Nirzar S. Desai, has dismissed a series of petitions seeking to quash First Information Reports (FIRs) concerning allegations of forced religious conversions. The petitions, seven in total, were filed by various applicants challenging the FIRs registered under the Gujarat Freedom of Religion Act, 2003, as amended in 2021, along with other sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The petitioners argued against the FIRs on multiple grounds, including alleged delays in filing, lack of locus standi of the complainant, and absence of prior sanction for prosecution as required under Section 6 of the Freedom of Religion Act. However, the court found these arguments unconvincing.
Justice Desai noted that the amended Act allows an aggrieved person or their relatives to lodge a complaint, thereby establishing the complainant's legal standing. The court further clarified that the issue of delay in filing the FIR does not vitiate the proceedings, especially when the alleged offences carry a punishment of more than three years, as per Section 468 of the Code of Criminal Procedure, 1973.
The court also addressed the issue of prior sanction for prosecution, stating that the sanction by the District Magistrate was already obtained and its validity should be contested during the trial, not at the stage of quashing the FIR. The judge emphasized that the court's role under Section 482 CrPC is limited to assessing whether a prima facie offence is made out, rather than conducting a detailed scrutiny of evidence or segregating roles of the accused.
In dismissing the petitions, the court underscored the seriousness of the allegations and the need for a thorough trial to ascertain the truth. The judgment highlighted that the complaints detail a pattern of conversions carried out through allurement and pressure, reinforcing the necessity for judicial examination.
The ruling allows the criminal proceedings to continue against the accused, including those residing abroad who have failed to cooperate with the investigation, further directing them to face the trial.
Bottom Line:
Gujarat Freedom of Religion Act, 2003, 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
Varyava Abdul Vahab Mahmood v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2790935
