[UP Conversion Act] Religious Freedom Cannot Be Compromised by Coercion: Allahabad HC Denied Bail to Maulana for Role in Forced Conversion and Nikah

In the case of Mohd Shane Alam vs. State of Uttar Pradesh (Criminal Misc. Bail Application No. 29497 of 2024), the applicant, Mohd Shane Alam, sought bail in connection with Case Crime No. 183 of 2024, registered under Section 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The case pertains to allegations that Alam, a Maulana (Religious Priest), facilitated a forced conversion and subsequent Nikah (Islamic marriage) of the informant, a female victim.

Legal Issues Involved:

The primary legal issue revolves around the applicability of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. This Act was enacted to prevent conversions by misrepresentation, force, undue influence, coercion, allurement, or fraudulent means. Specifically, the Act requires that any person desiring to convert their religion must submit a declaration to the District Magistrate 60 days in advance.

Court’s Observations:

The Justice Rohit Ranjan Agarwal presided over the bail application. During the proceedings, the counsel for the applicant argued that Alam had only performed the Nikah and had no role in any forced conversion. The applicant claimed he had signed the Nikaahnama (marriage contract) dated March 11, 2023, but had no further involvement. The applicant had no prior criminal history and had been in jail since June 2, 2024.

On the other hand, the counsel for the State, opposing the bail, presented evidence, including the victim’s statement under Section 164 Cr.P.C., where she accused the primary accused, Amaan, of exploiting her and coercing her into converting to Islam before the Nikah was performed by Alam.

The court highlighted that under the Act, 2021, a “Religion Convertor” is any person who performs the conversion, such as a Maulvi, and that the applicant fits this definition. The court noted the absence of a mandatory declaration before the District Magistrate, as required under Section 8 of the Act. The victim’s categorical statement reinforced the conclusion that Alam played a significant role in the forced conversion.

Court’s Decision:

In light of the evidence and the provisions of the Act, Justice Agarwal found that a prima facie case was established against the applicant under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The court concluded that no grounds for granting bail were present, and the bail application was rejected.

Also Read

• Ranchi Court Denies Bail to Ex-Jharkhand Minister in Money Laundering Case
• Nikah in Auto-Rickshaw Raises Profound Suspicion: High Court CBI Orders CBI to Investigate Suspicious Marriage
• Karnataka HC Explains the Concept of Fraud or Coercion Incorporated in Section 23 (1) of the Senior Citizens Act
• Societal Roots Must Not Dry Up When Convict Languishes In Jail: Karnataka HC Grants Furlough To Father To Attend Daughter’s Nikah
• Absence of Protest Casts Doubt: Jharkhand High Court Acquits Accused in Kidnapping and Rape Case

Parties Involved:

– Applicant: Mohd Shane Alam

– Opposite Party: State of Uttar Pradesh

– Counsel for Applicant: Nand Kishor Mishra

– Counsel for Opposite Party: Government Advocate (G.A.)

– Case Crime Number: 183 of 2024

– Police Station: Ankur Vihar, District Ghaziabad