“Allahabad High Court Denies Bail to Maulvi Accused in Forced Conversion Case”
May 30, 2024 2024-07-05 15:17“Allahabad High Court Denies Bail to Maulvi Accused in Forced Conversion Case”
“Allahabad High Court Denies Bail to Maulvi Accused in Forced Conversion Case”
By Shazia Siddiqui
In a recent judicial development, the Allahabad High Court confronted a bail application lodged by Maulvi Syed Shad Kazmi, accused under various sections of the Indian Penal Code and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The case stems from allegations that Kazmi, acting as a Maulvi at a Mosque, forcibly converted the religion of a mentally disabled minor. The court’s decision to deny bail marks a significant step in the legal scrutiny of cases involving religious conversion and minors.
The matter came before Justice Sameer Jain, who presided over the bench responsible for adjudicating Kazmi’s bail plea. The applicant sought release pending trial, citing sections 504 and 506 of the IPC, which deal with intentional insult and criminal intimidation, respectively, alongside Section 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, which prohibits forced religious conversions.
The allegations against Kazmi, as detailed in the First Information Report (FIR), are grave. It is asserted that he used his influence and position as a Maulvi to entice and subsequently convert the mentally disabled minor son of the complainant. Furthermore, it is alleged that Kazmi forcibly relocated the minor to a Madarsa following the conversion. These accusations are bolstered by the statement given by the victim’s son under Section 161 of the Criminal Procedure Code, which aligns with the contentions made in the FIR.
During the hearing, Justice Sameer Jain deliberated on various aspects of the case before arriving at the decision. The court acknowledged Kazmi’s status as a Maulvi and the fact that he has been in custody since February 2024. However, the gravity of the allegations weighed heavily in the court’s decision-making process. The judge underscored the serious nature of the charges, particularly emphasizing the vulnerable status of the minor involved. This consideration underscored the court’s decision not to grant bail at this juncture, pending further judicial scrutiny during the trial.
The court’s ruling is noteworthy for several reasons. Firstly, it reflects a cautious approach by the judiciary in cases involving allegations of forced religious conversion, especially when minors are the purported victims. The decision underscores the court’s commitment to protecting the rights and welfare of vulnerable individuals within the legal framework.
Furthermore, the case highlights the evolving legal landscape surrounding religious conversions in Uttar Pradesh, following the enactment of the Prohibition of Unlawful Conversion of Religion Act, 2021. This legislation aims to curb instances of coerced religious conversions and ensures that such matters are rigorously examined within the judicial system.
The Allahabad High Court’s denial of bail to Maulvi Syed Shad Kazmi marks a pivotal moment in the legal discourse surrounding religious conversions and the protection of minors. The decision underscores the judiciary’s vigilance in safeguarding the rights of vulnerable individuals and maintaining the integrity of legal proceedings. As the case progresses, it is anticipated that further legal scrutiny will shed light on the complexities involved and reaffirm the judiciary’s commitment to justice and fairness.
Case Title: Maulvi Syed Shad Kazmi @ Mohd Shad v. State of U.P.
Neutral Citation:2024:AHC:87277
