Allahabad HC Denies Bail To Maulana In Religious Conversion Case, Says 'Religious Convertor' Equally Liable Under UP Anti-Conversion Law

The Allahabad High Court has denied bail to a Muslim cleric accused of forcibly converting a woman to Islam, observing that religious leaders, irrespective of their faith, would be liable for legal action under the UP Anti-Conversion Act if they convert any person through force, misrepresentation, fraud, undue influence, coercion, or allurement.

Maulana Mohammad Shan e Alam has been accused of forcefully converting a woman to Islam and performing her nikah with a Muslim man.

A criminal case under section 3/5 (1) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, was registered against him at Ankur Vihar police station in Ghaziabad district, Times of India reported.

Justice Rohit Ranjan Agarwal, while rejecting the bail application of the cleric, noted the statement made by the woman under section 164 of the Criminal Procedure Code (CrPC), had categorically submitted that she was forced to accept Islam and nikah was performed.

The court observed that the accused, being the ‘Religion Convertor’ as defined under Section 2(i) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, is liable to face consequences under the provisions of the 2021 Act.

Section 3 of the 2021 Act prohibits religious conversion by misrepresentation, force, fraud, undue influence, coercion, and allurement.

The accused Maulana, however, contended in his plea that he merely conducted the nikah in March 2024 and had not forcibly converted her to Islam.

The state counsel opposed the bail application, arguing that the woman had testified under section 164 CrPC that she was coerced into accepting Islam and that her nikah was performed in March 2024 by the 'Religion Converter'.

The court noted that many examples came to light in the recent past where gullible persons had been converted from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by fraudulent means.

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