Supreme Court Asks Maulvi Allegedly Involved In Forced Religious Conversion To Appear Before Gujarat Police

As the first step, before going to the allegations against the petitioner, a Bench of Justices MR Shah and CT Ravikumar asked him to report before the investigation officer between January 16th and 28th at 11AM for interrogation and investigation, every day. After which, the matter will be considered on merits. The next hearing is on February 13.

The Court was hearing an SLP challenging an order of the Gujarat High Court which rejected his application seeking anticipatory bail.

Senior Advocate Dushyant Dave appeared for the petitioner. "The allegation is that I gave grains and helped students with fees - i.e. to already converted persons. There's nothing to show that this is against Gujarat conversion law or the SC/ST Prevention of Atrocities Act", he said.

The senior counsel further stated that it would be a great injustice if he is sent to jail even for a day especially when he has nothing to do with the allegations.

"He is a married man and has children. He has nothing to do with the alleged crimes."

The counsel also took exception to the High Court's approach in not granting anticipatory bail. The High Court had opined that granting anticipatory bail is a matter of discretion.

"...but discretion is not unfettered, it must be exercised judicially. The complaint is filed after 15 years", the senior counsel said.

"If in the complaint I've not been named, if I have nothing to do with the alleged crimes, at the maximum the allegation is that I'm educating children of those who have converted and distributed some food, etc. This is not something that comes under the Gujarat Freedom of Religion Act, the Atrocities Act, or any provision of IPC", he added.

Countering these submissions, Advocate Kanu Agrawal, appearing for the Gujarat government submitted that this is part of a larger conspiracy.

"Do you have any material? He is helping already converted persons. He is not converting, right? Allegations are that these items are given to converted people and not for converting", the Bench pointed out.

"Promises may not necessarily be made by him", Agrawal said while adding that in a larger conspiracy, the promise may be made by another person.

He also informed the Court that the petitioner is an absconder now. Some other accused are arrested and their bails are pending, he further added.

He is giving grains, defaming the Hindu religion. During the investigation, it was found that money was routed through him and helped in conversion, the advocate said. "Not that he is doing it out of the kindness of his heart, he is being supplied money, he's part of a larger conspiracy."

The bench said that it would ask the petitioner to appear before the IO.

"We will see. First, we will ask him to appear before investigating officer. We will consider larger conspiracy, everything. But the first step is appearing before IO. See what cooperation he is giving, he is absconding now. Despite protection, he is not appearing."

The Gujarat High Court has rejected anticipatory bail to a man accused of forcefully converting religion of 37 Hindu families and 100 Hindus. It was also alleged that the Applicant lured them by offering financial assistance and converted a house constructed with Government funds to a place of worship — Ibadatgaah.

The Applicant was booked for offenses under Sections 4 of the Freedom of Religion Act and Section 120B, 153(B)(1)(c), 506(2) of the Indian Penal Code. It was also alleged that the Applicant hurt the sentiments of the Hindu community and when other persons wanted to revert to Hinduism, they were threatened with dire consequences by the Applicant.

In May, the Supreme Court had ordered that no coercive steps be taken against the petitioner to take him into custody.

Case Title: Varyava Abdul Wahab vs State of Gujarat | SLP (Crl) 4208/2022