Supreme Court grants bail to Maulvi accused of converting minor

Supreme Court grants bail to Maulvi accused of unlawful conversion, criticizing lower courts for lack of courage in granting bail.

The Supreme Court has granted bail to a Maulvi or a madrasa teacher accused by the Uttar Pradesh government of unlawfully converting a challenged minor to a Muslim, saying the offence alleged was after all nothing serious like murder, dacoity or rape.

Appearing before a Bench of Justices J.B. Pardiwala and R. Mahadevan, counsel for Maulvi Syed Shad Kazmi said his client had found the child abandoned on the streets and provided him with shelter on humanitarian grounds. Mr. Kazmi has been in custody for about 11 months.

In a scathing order, the apex court said it was not nowadays expected of trial courts to be brave but at least the High Court should have mustered the courage to grant the man bail.

Mr. Kazmi had appealed in the Supreme Court after the Allahabad High Court denied him bail in a case registered under various Sections, including those of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

A person would be found guilty of unlawful religious conversion if he or she used misrepresentation, force, fraud, undue influence, coercion and allurement.

The Uttar Pradesh government opposed bail, arguing trial had already commenced and several witnesses had been examined. The State said Mr. Kazmi, if found guilty, may get a maximum punishment of up to 10 years’ imprisonment.

“We are of the view that the High Court should have exercised its discretion by granting bail to the petitioner. There was no good reason for the High Court to decline bail. The offence alleged is not that serious or grave like murder, dacoity, rape etc,... We can understand the trial court declined bail as trial courts seldom muster the courage of granting bail, be it any offence. However, at least, it was expected of the High Court to muster the courage and exercise its discretion judiciously,” the Supreme Court observed in the order.