Religious Conversion 'Racket'| Allahabad HC Grants Bail To Islamic Scholar Accused Of Waging War Against Govt Of India

The Allahabad High Court last week granted bail to Islamic scholar Mufti Qazi Jahangir Alam Qasmi who was arrested in June 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of conspiring to run a mass religious conversion racket in the State and assisted in religious conversion of over 1000 people across the state.

A bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava-I granted him the relief noting that in the same case, bail has been granted to as many as 12 accused many of whom have similar roles as that of the appellant herein and two of the bails have been granted by Supreme Court.

The Bench also took note of the similar judgment passed by this very Bench in August 2023 to Mohammad Umar Gautam.

Qasmi had moved the High Court by way of filing a criminal Appeal under Section 21(4) of the National Investigation Agency Act, 2008 challenging the October 2023 order passed by the Special Judge (NIA/ATS), Lucknow in the Second Bail Application was rejected.

Qasmi, who has been booked under Sections 417, 120-B, 153-A, 153-B, 295-A, 298, 121-A, 123 IPC and Section 3/5/8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, was denied bail by an NIA Court in Lucknow by observing thus:

"...any person in India is free to follow any religion of his own free will, but no person has the right to do any illegal work to humiliate a person of another religion or to create hatred and jealousy etc. regarding one religion among the followers of another religion, this has been contrary to the intention of the Indian Constitution. And this type of work has been prohibited."

In its order, the High Court noted that after the rejection of the first bail application of the accused, an appeal was preferred before the High Court which was dismissed and the matter was not taken up further, however, in the interregnum, co-accused were granted bail.

Therefore, the Court underscored that based on the ground of parity, the second bail application was filed, but, the Court below did not consider the matter appropriately and had rejected the second bail application cursorily ignoring the earlier orders passed by the High Court and Supreme Court.

Hence the criminal appeal was allowed on the ground that the accused shall not communicate or try to communicate with any of the witnesses or alleged victims or try to influence them otherwise and he will not leave the country without the permission of the Trial Court and will also present himself before the Investigation Officer of Police Station ATS, Lucknow in the third week of every month and if not possible on the said date, he shall positively appear by the last day of the month.

Case title - Mufti Qazi Jahangir Alam Qasmi vs. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others [CRIMINAL APPEAL No. - 2869 of 2023]

Case Citation: 2023 LiveLaw (AB) 511

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