Supreme Court Asks UP Police To Show Specific Role Of Maulana Kaleem Siddiqui In Conversion Racket Case

Justice Kumar categorically asked the UP government to cross-reference the tabular statement with the serial number of the corresponding paragraph in its counter-affidavit. “Your counter is so voluminous and general. It makes omnibus allegations against several people. We are only concerned with this particular gentleman,” the judge remarked.

'Conspiracy to wage war against India', alleges UP Police

Additional Advocate General Garima Prashad argued that the high court had erred inasmuch as it had only relied on the bail granted to a co-accused while allowing Siddiqui’s plea. She also attempted to underscore the seriousness of the allegations against the cleric, which includes an attempt to wage a war against the Constitution of India. She said –

“The high court has granted him bail solely on the basis that co-accused Irfan has been granted bail. There was no other consideration. But Siddiqui is the main accused and the key conspirator in this case. On the last occasion, this court was persuaded that there is a difference between cancellation of bail and an illegal order which needs to be set aside.”

Justice Bose asked, “You are saying he was receiving international funds and converting hearing and speech-impaired people?”

“Not only that,” the senior counsel exclaimed, before adding that further investigation had brought to light a network of people working towards replacing the Constitution of India with Sharia law - 

“That was the starting point when this issue came to light. Further investigation has revealed a network of people across the nation working towards an objective of waging war against the Constitution and replacing the Constitution with Sharia law.”

The law officer added, “They also seek to replace the demography of the country..."

To this, Justice Bose pointed out that religious conversions per se were not illegal in India. “Conversion per se is permissible,” the judge said.

Agreeing, the additional advocate general said that not only was religious conversion permissible, but it was a right that the Constitution of India conferred. “There is no difficulty with this. But conversion through the means that are being followed here – means of allurement, threat, torture, money and whatnot – is not permissible.”

Notably, Senior Advocate Kapil Sibal, appearing on behalf of Siddiqui, objected to the assertions made on behalf of the Uttar Pradesh government and questioned their veracity. “I have all the statements under Section 161 of the Code of Criminal Procedure. I have made a chart myself, none of which reflects what she is saying at all. They are producing statements of the accused under Section 161 and asking the court to rely on them. This is unbelievable.”

Prashad countered, “We have documents to show.”

Sibal asked in return,  “What documents? Showing that he is waging war against India?”

Justice Bose intervened, “That is what they are arguing. Alright, we will hear you on the next day.”

In parting, Justice Bose also observed that the question of imposing a bail condition requiring an accused to share his location with the investigating agency at all times, would have to be addressed. Such a condition has been imposed not only in this case, but recently while granting Bhima Koregaon accused Vernon Gonsalves and Arun Ferreira.

“The ‘mobile’ question, we will have to address somewhere. In some matters, we are imposing this condition. Both in the United States and Canada, they have ankle braces with GPS tracking,” Justice Bose said.

Background

Kaleem Siddiqui, an Islamic scholar and president of the Jamia Imaam Waliullah Trust, has been accused of running a mass religious conversion racket through several organisations and schools he funded and by receiving funding from international organisations. He was arrested by the anti-terrorist squad of Uttar Pradesh police in September 2021. Besides forcible conversions, he has also been accused of promoting enmity between different religious groups and disturbing India’s sovereignty and integrity.

Several others, including other Muslim scholars Mohammad Umar Gautam and Mufti Qazi Jahangir Qasmi, have also been arrested by the police in connection with this case under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021.

In April of this year, the Allahabad High Court granted bail to Siddiqui. The Uttar Pradesh government has approached the Supreme Court against this verdict by a high court division bench of Justices Attau Rahman Masoodi and Saroj Yadav.

In May, a bench headed by Justice Aniruddha Bose declined the UP government’s request to direct that Siddiqui be arrested again. At the same time, it imposed certain conditions that the embattled cleric would have to fulfil during the period of bail. Not only was he asked to stay in the National Capital Territory of Delhi except to attend the trial underway in the State of Uttar Pradesh or to meet his investigating officer, but was also directed to carry a single location-enabled mobile phone so that he may be tracked by the investigating agency at any given time. Several other bail conditions were also imposed by the court.

Case Details

State of Uttar Pradesh v. Maulana Kaleem Siddiqui | Special Leave Petition (Criminal) No. 5442 of 2023