Supreme Court expunges Allahabad High Court's remark on religious conversions, grants bail to accused

The observations by the Allahabad High Court shall not be cited in any other case or proceeding in the High Court or in any other court, the Supreme Court bench said.

The Supreme Court on Friday (September 27, 2024) expunged the Allahabad High Court's remark that majority population of the country will become the minority one day if religious congregations where conversions take place are not stopped.

A bench of Chief Justice D.Y. Chandrachud and Justice Manoj Misra passed the order while granting bail to one Kailash against whom a case had been filed under provisions of the U.P. Prohibition of Unlawful Conversion of Religion Act and under section 365 (Kidnapping or abducting with intent secretly and wrongfully to confine person) of the Indian Penal Code (IPC).

The top court granted the relief to the accused noting that he was in custody since May 21, 2023, and the charge sheet has been submitted on July 19, 2023.

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"We clarify that the general observations made by the High Court had no bearing on the facts of the present case and were, therefore, not required for the disposal of the case. The observations, therefore, shall not be cited in any other case or proceeding in the High Court or in any other court," the bench said.

Earlier on July 2, the High Court, while hearing a bail plea, noted the allegations that the applicant had been taking people from Hamirpur in Uttar Pradesh to a religious congregation in Delhi for conversion and said, "If this process is allowed to be carried out, the majority population of this country would be in minority one day..."

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The High Court had denied bail to the accused while observing that such conversions were against the Constitution which only provided "freedom of conscience and free profession, practice and propagation of religion".

It further said, "It has come into notice of this court in several cases that unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the state of Uttar Pradesh."

Published - September 28, 2024 03:10 pm IST