Allahabad High Court Denies Bail To Govt Employee Accused Of Waging War Against India By Converting People To Islam

The Allahabad High Court recently upheld the order of denial of bail to a Central Government servant, Irfan Shaikh accused of waging war against India by converting people to Islam by misusing his official position.

Essentially, the Bench of Justice Ramesh Sinha and Justice Brij Raj Singh affirmed the October 2021 order of the Special Judge, N.I.A./A.T.S./Additional District & Sessions Judge,  Lucknow denying bail to Shaikh by observing thus:

"Considering the facts and circumstances of the case, particularly the fact that the Investigating Officer, after due investigation, has found cogent and clinching evidence against the appellant that with the connivance of co-accused Umar Gautam and others, appellant is involved in anti-national activities of conversation by misusing his official position while working in Sign Language Training and Research Centre, New Delhi as Interpreter, we do no find any good ground to grant bail to the appellant".

The case against Shaikh

UP police A.T.S. got a piece of information that some anti-national/anti-social elements and religious organizations, on the dictate of ISI and foreign organizations, have indulged in getting the peoples converted in Islam by getting funds from foreign countries for this purpose.

On the aforesaid information and during interrogation, an FIR was registered regarding this alleged illegal conversion racket and it came out that one Umar Gautam is involved in getting the citizen of another religion converted to the Muslim religion on large scale and about 1000 non-muslims have been converted and married with Muslims.

In the investigation, it was found that Gautam had created a gang for the aforesaid aim and object, and Irfan Shaikh (appellant), who was working as an Interpreter in Sign Language Training and Research Centre, New Delhi, was a vital link of this syndicate.

In view of this, after collecting material and clinching evidence against the accused persons, including the appellant, a charge sheet was filed against Shaikh under Sections 120B, 121A, 123, 153A, 153B, 295A, 298, 417 I.P.C. and Section 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Ordinance, (Act).

He applied for bail, which was denied by the lower court, and therefore, he moved to the High Court in appeal under Section 21 (4) of the National Investigation Agency Act, 2008.

Arguments put forth

The counsel for Shaikh argued that he is not a member of any association nor involved in any crime and that he was not named in the initial F.I.R. registered in the alleged illegal conversation racket, nor does he have any relation with co-accused Umar Gautam.

On the other hand, the State Government argued that Shaikh's involvement in the commission of the present crime was found during the investigation and it had come on the record that he had illegally converted deaf and dumb people from Hinduism to Islam, by telling them that being an employee of the Central Government, he is authorized by the Central Government for the said work and many of the students sitting in ISLRTC have been converted to Islam.

Court's observations 

The Court noted that during the investigation, the Investigating Officer had found that many students studying in Noida Deaf Society were converted to the Muslim religion and the appellant/Shaikh was involved in the crime in question.

The Court also took into account the evidence regarding receiving of a huge sum of money in the personal bank accounts of accused Umar Gautam and accused Abdullah Umar, son of Umar Gautam for running the activities of the Islamic Dava Centre for conversion purposes.

Regarding the role of Shaikh, the Court, taking into account the probe done by the police, found that Shaikh had played an indispensable role in the conversion of deaf and dumb persons by misrepresentation, etc., and had played a special role in persuading the deaf and dumb students in sign language.

In view of this, the Court dismissed his appeal and upheld the order denying him bail. Advocates Furkan Pathan, Aarif Ali and O.P. Tiwari appeared for the appellant.

Case title - Irfan Shaikh @ Irfan Khan v. State Of U.P. Through Ats

Case Citation: 2022 LiveLaw (All) 160

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