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A Lucknow court has rejected the bail plea of Maulana Umar Gautam in nationwide illegal religious conversion racket case. Special NIA/ATS judge Shivani Jaiswal refused to grant relief to Gautam noting that allegations against him are of serious nature and he is the key accused in the First Information Report (FIR).

Gautam is accused of indulging in criminal conspiracy with a syndicate which, allegedly, by identifying the weaker sections of the society, minor children, women, deaf and dumb children, creates a feeling of hatred in their minds towards their religion and faith. As per Anti-Terrorism Squad (ATS), the received documents revealed that Gautam, being the kingpin of the syndicate, has so far converted about 1,000 non-Muslims from Uttar Pradesh and other States to Islam.

Gautam was booked under Sections 417, 120B, 153A, 153B, 295A, 298, 121A, 123 of the Indian Penal Code and Section-3/5/8 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

In his bail plea, Gautam had alleged that he has been falsely implicated in the crime and ATS has no reliable evidence against him. He had argued that the religious conversions that he had facilitated, it was his right, which has been given to him as a fundamental right by the Constitution.

He had also claimed that all the religious conversions were done only after completing all the legal formalities and no family member of deaf and dumb converted persons has complained that any conversion was done unlawfully or forcefully, as is being alleged. 

Gautam had further pressed for his innocence stating that he himself converted to Islam for which he was not compelled by anyone. He had averred that he is the President of Fatima Charitable Foundation which works for the upliftment of weaker sections of the society.

Contending that the concerned Unlawful Conversion Law came into effect from November 2020, whereas the cases of persons who are accused of converting are from before its commencement, Gautam had pleaded for his release.

ATS had vehemently opposed Gautam's bail plea asserting that the organization called Islamic Dawah Center in Jamia Nagar, New Delhi, which is run by Gautam, receives funds from foreign through various means and this money is used for changing the demographics of the country by converting a large number of people and to create mutual animosity and hatred among different sections.

ATS had argued that due to these activities, the law and order situation in the State is deteriorating and the unity, sovereignty and security of the country are being adversely affected. ATS had also submitted before the court that evidence of illegal conversion of 115 people of Uttar Pradesh has already been collected. 

Gautam's claim that it was his fundamental right to facilitate such conversions was also opposed by ATS, which, referring to the Supreme Court's ruling in Rev Stanislaus vs Madhya Pradesh (1977), had argued that it is a fundamental right to propagate one's religion but converting others to one's religion is not a fundamental right.

Case Title: Mohd. Umar Gautam v. State of Uttar Pradesh through ATS