Supreme Court Grants Bail To Man Accused By UP ATS Of "Waging War Against India" Through Illegal Conversions

The Supreme Court on Wednesday granted bail to an accused named Irfan Shaikh who was arrested by the Anti-Terrorist Squad of the Uttar Pradesh police over allegations of illegally converting persons to Islam.

Shaikh, a Central Government employee, is facing charges for conspiracy to wage war against India (Section 121A IPC) and offences under the UP Prohibition of Unlawful Conversion of Religion Act.

The allegation against the accused is that he was an interpreter in the conversion process of persons suffering from hearing and speech impairment, and according to the prosecution such conversion is prohibited under the law. The appellant has been in custody for one year and seven months. Trial has commenced.

Having regard to the role attributed to the accused and also the period of custody underwent by him, a bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia was of the view that further detention of the accused during the trial is unnecessary. The accused has been directed to be released on bail on such terms and conditions as may be imposed by the trial court.

The bench observed that one of the conditions can be that the accused should not enter the State of Uttar Pradesh for any reason other than to appear in the trial except with the permission of the trial court. The bench has also allowed him to furnish sureties from persons residing outside the State of UP if local sureties are unavailable.

Shiakh approached the Supreme Court after the Allahabad High Court refused him bail.

Two weeks ago, the bench had asked the UP ATS if it was necessary to continue his custody.  

During the hearing on February 15, Senior Advocate Nitya Ramakrishan, for the accused, submitted that the persons had voluntarily converted and that he had no role in it. The senior counsel also question the invocation of the offence of "waging of war against India"  in the case. Advocates Shahid Nadeem, Furkan Pathan Advocate, Aarif Ali and  Saif Ali assisted the senior counsel on behalf of the appellant.

Additional Solicitor General KM Nataraj, appearing for the State, submitted that the offences have serious impact on the secular fabric of the society and that the accused misused his position as a government servant to convert gullible persons.

According to the chargesheet, 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.

During the investigation, one Umar Gautam was arrested for allegedly running a conversion racket. Irfan Shaikh (appellant), who was working as an Interpreter in Sign Language Training and Research Centre, New Delhi, was alleged to be a vital link of this syndicate.

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).

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