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The Allahabad High Court recently affirmed the order denying bail to one Irfan Shaikh @Irfan Khan, a government-appointed sign language interpreter who is accused of playing a constructive role in the illegal conversion of deaf and dumb students to Islam at the Sign Language Training and Research Centre, New Delhi.

Shaikh is alleged to be a vital link to a nationwide illegal conversion syndicate, headed by Umar Gautam, a converted Muslim who runs an organization namely 'Islamic Dawa Centre' for the alleged purpose of illegal conversions.

Dismissing Shaikh's criminal appeal against the October 2021 order of the Special Judge, N.I.A./A.T.S./Additional District & Sessions Judge, Lucknow, the bench of Justice Ramesh Sinha and Justice Brij Raj Singh noted,

"Considering the facts and circumstances of the case, particularly the fact that the Investigating Officer, after due investigation, has found cogent and clinching evidence against the appellant that with the connivance of co-accused Umar Gautam and others, appellant is involved in anti-national activities of conversation by misusing his official position while working in Sign Language Training and Research Centre, New Delhi as Interpreter, we do no find any good ground to grant bail to the appellant."

Shaikh had filed the appeal contending that he had been falsely roped in the case as neither he was named in the First Information Report in the case nor he had any criminal antecedents. His counsel had also argued that in the initial charge sheet, Sections 121A, 123 of Indian Penal Coder were absent which were added by means of a supplementary charge-sheet a month later. 

Shaikh's counsel had also averred that the trial Court had passed the impugned order rejecting the bail application only on surmises and conjectures and without considering the statement of the whole witnesses.

However, the high court bench noted, "It transpires from the record that though appellant (Shaikh) was not named in the First Information Report but during investigation, his involvement in the instant crime surfaced from the statements of co-accused Jahangir and Rahul Bhola recorded under Section 161 Cr.P.C. as is evident from Annexure CA-3 and CA-4 to the counter affidavit."

Court also stressed that "during investigation, the Investigating Agency found that appellant- Irfan Khan had played an indispensable role in the conversion of deaf and dumb persons by misrepresentation etc. and has played special role in persuading the deaf and dumb students in sign language."

Receiving a piece of information that some anti-national/anti-social elements and religious organizations, on the dictate of ISI and foreign organizations, have indulged in getting the people converted to Islam, Uttar Pradesh Anti Terrorist Squad (ATS) started an investigation.

During the investigation, it was allegedly revealed that Umar Gautam and his associates are running an organization namely 'Islamic Dawa Centre' for the purpose of conversion and huge funds are being provided to it from different sources including foreign countries. 

It also came out that Gautam had created a gang for the aforesaid aim and object and with his help, Irfan Shaikh was converting deaf and dumb people to Islam in illegal manner by practicing misrepresentation, allurement and fraudulent means.

Thereafter, a case was registered and after collecting material and clinching evidence against the accused persons, including Shaikh, a charge sheet was filed against him under Sections 120B, 121A, 123, 153A, 153B, 295A, 298, 417 I.P.C. and Section 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Ordinance, (Act).

Case Title: Irfan Shaikh @ Irfan Khan v. State of U.P.