Edited By: Pathikrit Sen Gupta
Last Updated: February 24, 2023, 02:37 IST
The SC granted aid to the accused maulvi noting that he had appeared earlier than the investigating officer for interrogation as per the court docket’s earlier order. File picture: ANI
The accused had allegedly lured about 37 Hindu households, by offering them meals grains
The Supreme Court not too long ago granted bail to a maulvi from Gujarat, accused of “changing instantly or in any other case, any individual from one faith to one other by use of drive or allurement or by any fraudulent means”.
A division bench of Justices MR Shah and CT Ravikumar granted relief to the accused maulvi noting that he had appeared before the investigating officer for interrogation as per the court’s previous order.
On the last hearing, counsel appearing for the respondent state of Gujarat had made a very serious grievance that the petitioner, the maulvi, after obtaining interim protection from the top court and even prior thereto, was absconding and not cooperating in the investigation and had never appeared before the concerned investigating agency/officer.
Advocate Kanu Agarwal had further submitted on behalf of the state of Gujarat, “He (maulvi) is giving grains, defaming Hindu religion. During investigation, it was found that money was routed through him and he helped in conversion. After the Court order now, he is absconding. He was not doing this out of the kindness of his heart but because he was funded.”
The court docket was additional knowledgeable that there was ample materials collected in the course of the course of the investigation in opposition to the maulvi that by means of him the cash was routed and he helped the spiritual conversion.
During the course of the investigation, it was additionally discovered that cash routed by means of the maulvi from varied individuals had been used for the transformed individuals, who, as such, have been transformed by luring, the SC was advised.
Apart from that, in its counter, the state of Gujarat had opposed the anticipatory bail plea filed by the accused and had positioned reliance on the High Court’s order denying it. The HC had famous that the “petitioner has tried to convert instantly or in any other case, any individual from one faith to one other by use of drive or allurement or by any fraudulent means”.
The counter had further added, “….statements of at least 7 witnesses were recorded by the Investigating Officer under Section 161 of CrPC wherein the allegations in FIR/ Charge sheet were reiterated in the said statements, inter alia, some of the converted Muslims children were sent to Samrod, Surat for Islamic studies in 2 madras owned by the petitioner, their entire lodging boarding and other expenses were borne by the petitioner. The petitioner, along with another accused Maulavi Ovesh used to distribute water coolers and praying mats to the converted people of my village Kankaria. It has been further stated that the Islamic Education of children of converted people was sponsored by the petitioner and the children were obliged to recite Quran.”
The High Court in April final yr had refused to grant anticipatory bail to the maulvi, who allegedly in connivance with 5 others, had transformed round 37 Hindu households and 100 Hindus by offering them monetary help. The HC famous that “…it appeared from the statements of the witnesses and investigation papers that Mahmood and different accused transformed individuals from one faith to one other faith by offering money quantity and different articles of their necessities and particularly Mahmood, in addition to offering free schooling, offered sure articles as water cooler, freeze, chattai for namaj and money quantity to the transformed individuals.”
The maulvi was accused of offences punishable under sections 4, 4C, and 5 of the Freedom of Religion Act and sections 120(B), 153(B)(1)(C), 153(A)(1), 295(A), 506(2), 466, 467, 468, and 471 of the Indian Penal Code, and section 3(2)(5-A) of the Atrocities Act, and section 84C of the Information Technology Act, 2000.
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