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Synopsis

The Allahabad High Court recently set aside the order passed by the Special SC/ST Court and allowed bail to two persons accused of alluring villagers for mass religious conversion.

The bench of Justice Shamim Ahmed opined that "providing good teachings, distributing Holy Bible books, encouraging children to get an education, organizing assembly of villagers and performing 'Bhandara' and instructing the villagers not to enter into an altercation and also not to take liquor do not amount to allurement".

While passing order in the appeal moved by the accused persons against rejection of their bail pleas by the court below, the single judge bench also took into account the fact that the First Information Report (FIR) in the case had been filed by Zila Mantri of Bhartiya Janta Party who was neither himself nor any of his family members were affected in the matter. 

Court held that therefore, he could not be an "aggrieved person" as provided under Section 4 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and thus he was not competent to lodge the FIR. 

The appeal was filed by accused persons namely Jose Papachen and Sheeja under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order passed by the court of Special Judge S.C./S.T. Act, Ambedkar Nagar in their bail pleas. 

The appellant had been booked under Section 3 and 5 (1) of the Uttar Pradesh Prohibition of Conversion of Religion Act, 2021 and Section 3 (1) (Dha) SC/ST Act at Police Station Jalalpur, District Ambedkar Nagar.

The case against them had been registered on the basis of an FIR filed on January 24, 2023, by the Zila Manti of BJP, Ambedkar Nagar, who alleged that the appellants had been engaged in conversion of the religion of the villagers belonging to the communities of Scheduled Caste and Scheduled Tribe by giving them various allurement since last three months.

Before the division bench, the Additional Government Advocate also submitted that the appellants were using psychological pressure on villagers for forceful conversions, as part of their plan to set up a Christianity state.

However, the claims were opposed by the counsel for the appellants who argued that false allegations regarding allurement and undue influence for the purposes of mass conversion had been made.

He submitted that the appellants were not involved in any activity of an attempt to convert, rather, as per the statements of villagers recorded under Section 161 CrPC, the appellants used to give them good teachings and even distribute Holy Bible books to them and even encourage them to get their children educated.

The counsel emphasized upon the definition of ''allurement' and contended that providing good teachings, distributing Holy Bible books, encouraging children to get education, organizing assembly of villagers and performing “Bhandara” and instructing the villagers not to enter into altercations and also not to take liquor do not amount to allurement, rather it would be a failure on the part of the State to provide basic facilities to individuals in need of the same.

He also questioned the locus of the complainant in the case in filing the FIR. He argued that the embargo under Section 4 as to who can lodge an FIR regarding an offence under Section 3 of the Act, 2021 is absolute and provides that only an "aggrieved person" can file the FIR. 

He claimed that the BJP leader had filed the FIR only to defame the appellants in the society and to gain political goodwill.

Court agreed with both the contentions raised by the appellants' counsel and opined that the court below had failed to appreciate the material available on record, and the impugned order passed by the trial court was liable to be set aside.

Case Title: Jose Papachen And Another v. State Of UP and Another