'Police Being Biased' : Supreme Court Rebukes UP Police For Wrong Application Of Conversion Law

The Supreme Court today (March 20) rebuked the Uttar Pradesh Police for arbitrarily handling an alleged case of rape where the offences under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 have been invoked. 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a bail plea filed by the petitioner who is accused in a case of alleged rape and unlawful conversion.

The petitioner's counsel submitted that the petitioner has been in jail for the last 8 months. "I'm in jail mylords, without any fault, for just helping a lady." 

The Counsel for the state of UP while seeking additional time to file a counter affidavit, replied that the case also involved charges of gang rape.

Notably, on the last hearing, the Court while issuing notice in the matter recorded the submission of the petitioner that "this is a case of a consensual relationship where the parties were known to each other for a long time and the complainant/victim has a child from an earlier relationship/marriage, but wrong allegations are being made to put the petitioner behind bars."

Seemingly disinclined to grant any further time for the counter, the CJI stated : 

" Leave it, in fact, I am also surprised, I don't want to use the word, the state police is also biased...how can it be ? The facts speak for themselves, and you are invoking that Conversion Act for nothing." 

The bench proceeded to pass the following order : 

" Leave granted, having regard to the facts and circumstances of the case, including the position that the informant was already married and had a child. 

There seems to be contradiction in the office report with regard to service report of the second respondent. Registry to examine and therein correct the factual position. 

Relist in the week commencing 5th of May 2025. In the meanwhile liberty is granted to the State to file reply within 2 weeks, rejoinder if any within 2 weeks" 

After dictating the said order, the CJI remarked that the State Police had wrongly applied the Anti-Conversion Law in the facts of the present case. He opined : 

"There is nothing in it....you are not being fair in this, the state is not being fair in this....facts speak for themselves. And invoking the conversion act? Uncalled for! absolutely uncalled for." 

The matter will now be heard in April. 

Case Details : X vs. THE STATE OF UTTAR PRADESH | SLP(Crl) No. 003154 - / 2025