Gujarat High Court Issues Notice To State Govt On Plea To Quash FIR Filed Over Alleged Religious Conversion Conspiracy

The Gujarat High Court on Tuesday issued a notice to the state government on a petition filed seeking quashing of a First Information Report (FIR) registered over the allegation against the applicants alleging that they are involved in a conspiracy to forcefully convert the religion of people.

The Bench of Justice Ilesh J. Vora was hearing the FIR quashing plea filed by the petitioners Shabbir Bakerywala, Samaj Bakerywala, Hasan Tissli, and Ismail Achhodwala who have been named in the FIR but haven't been arrested as yet. However, five other people who are involved in the case and named in the FIR have been arrested.

The case in brief 

Essentially, an FIR has been registered against the applicants before the Court and 5 others (who have been arrested) in November 2021 for the offence punishable under Sections 120 (b), 152 (b) (1) (c), 506 (2) of The Indian Penal Code and Section 4 of Gujarat Freedom of Religion Act.

The FIR, lodged at the instance of one Pravinbhai Vasantbhai Vasava, a field laborer in Village Aamod alleges that the complainant (Vasava) was approached in 2018, by one Abdul Aziz Patel, he was asked to recite the prayers according to the Muslim religion.

Later on, it has been alleged in the FIR that he was taken to the government-owned house of the Abdul Aziz Patel which was the "ibbadatgaha" and was converted to the Muslim religion, and in Surat, he was made to sign on a document along with his fingerprint impression.

It is further alleged that the complainant was again taken to Surat and was introduced to one Bilal where his name was changed to Salman Vasant Patel and was also handed over an Aadhar Card with the new name.

The FIR also alleges that accused persons lured innocent Hindu tribals of the village with money and in some cases built houses for them and converted them into Islam and later on, they were later entrusted with the task of converting others from the community.

Further, it has been alleged that Abdul Aziz Patel is being provided with financial aid by one Hassan Tisli and Fefdawala Hajji Abdullah and in that process, they have converted 37 Hindu families including 100 Hindus who have been lured with money and other assurances.

Lastly, the FIR alleges that the accused persons are involved in a nationwide conspiracy to convert the Hindu families by luring them with money that they are receiving from other Muslims from different countries.

Therefore, it has been claimed in the FIR that the accused persons are practicing forced conversion on the Hindu families along with imposing threats and forcibly not allowing the families to worship Hindu gods and goddesses, preachings regarding the Muslim religion.

It may be noted that six others, who have not been named in the FIR, were arrested on December 16 in connection with this very case of alleged nationwide religious conversion conspiracy.

Avermments in the FIR Quashing Plea

The applicants have claimed that they are innocent and that the FIR has been filed out of a political vendetta with malafide intentions and ulterior motives to rope them in the alleged offence. Hence, the impugned FIR is required to be quashed and set aside.

"...the complainant has approached the police in the year 2021 after a delay of 3 years which clearly suggests that the complainant is not coming with clean hands and with some ulterior motives. The complainant was regularly attending the mosque and other community services of the Muslim community and has never expressed his disagreement willingly accepting the norms of the Muslim religion," the plea avers.

The applicants have also claimed that several people in the village are still professing Islam religion willfully and voluntarily in spite of the present FIR which also shows that there was no pressure or coercion on them to change their religion. 

Lastly, they have pleaded in their plea that they have never given any financial help to the people in the village, nor lured them into new jobs or houses, especially to force them into the alleged conversion from Hindu religion to the Muslim religion.

Percy Kavina Senior Advocate assisted by Advocate Yashma Mathur appeared for the applicants.

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