Supreme Court Stays Criminal Proceedings Against Man Accused Of Forcing Madhya Pradesh Family To Convert To Islam

The Bench of Justice Manoj Misra and Justice Shree Chandrashekhar, sitting during the Court's partial working days, passed the interim order in a petition challenging the High Court's decision refusing to interfere with the FIR registered under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act and Section 506 of the Indian Penal Code.

According to the FIR, the complainant alleged that her husband converted to Islam nearly eight years ago on the petitioner's advice. She further claimed that for the last one-and-a-half years, she and her family had been subjected to continuous pressure to convert, and that the petitioner had personally urged her to embrace Islam.

Appearing for the petitioner, counsel argued that the FIR was lodged after an unexplained delay of eight years and pointed out that the petitioner himself, along with his family, professes Hinduism. It was also contended that there was no material connecting him with the alleged conversion of the complainant or her minor son.

After hearing the submissions, the Supreme Court issued notice and stayed further criminal proceedings against the petitioner.

Background of the Case

Notably, in April, the High Court had dismissed a petition filed by Hemraj Tailor under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482, CrPC), seeking quashing of proceedings arising out of Crime No. 481/2023 registered at Jeerapur police station in Rajgarh district. The case involves offences under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act, 2021, along with Sections 506 and 34 of the Indian Penal Code.

The petitioner argued that the allegations against him were vague and unsupported by any direct evidence. Advocate Sandeep Kumar Sen contended that the chargesheet merely alleged that the petitioner motivated the complainant’s husband to adopt Islam and convert his religion. According to the petitioner, no direct role had been attributed to him in the alleged conversion of either the complainant or her minor son.

The petitioner further claimed that the ingredients necessary to invoke the offences under the Freedom of Religion Act were absent from the material gathered during investigation. It was argued that the FIR had been registered without sufficient evidence and that continuation of the criminal proceedings would amount to misuse of the legal process.

Reliance was placed on the Supreme Court decisions in Indian Oil Corporation v. NEPC India Limited and G. Sagar Suri v. State of Uttar Pradesh to argue that the High Court could exercise its inherent powers to prevent abuse of process.

Aggrieved by that decision, the petitioner approached the Supreme Court, which has now stayed the criminal proceedings pending further consideration of the matter.