Illegal Conversion Is Not As Serious As Rape Or Murder: Supreme Court Grants Bail To Maulvi Accused Of Converting Boy

In a significant ruling, the Supreme Court of India has granted bail to Syed Shah Kazmi, also known as Mohammad Shad, a cleric from Kanpur. He was arrested on charges of forcibly converting a mentally challenged minor under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. The apex court remarked that accusations of unlawful conversion do not carry the same gravity as offenses like murder or rape, thereby warranting bail.

Supreme Court’s Observations

A bench led by Justice J.B. Pardiwala expressed surprise over the denial of bail by both the lower court and the High Court. Highlighting the importance of judicial discretion, the court noted that while lower courts should exercise prudence in bail matters, it is reasonable to expect High Courts to rectify such oversights.

The court emphasized, “Bail should not be denied in cases where prolonged detention is unwarranted, especially when the nature of the allegations does not involve heinous crimes like murder or sexual assault.”

State Government’s Opposition

During the hearing, the defense argued that the cleric had already been in custody for 11 months. Meanwhile, the Uttar Pradesh government’s counsel opposed the bail plea, citing the seriousness of the allegations. They pointed out that the charges included sections 504 and 506 of the Indian Penal Code, along with provisions of the state’s anti-conversion law, which prescribe a maximum penalty of up to 10 years in prison.

The state’s counsel argued that the case involved coercion of a minor, making it a grave matter that warranted continued detention of the accused.

Supreme Court’s Reasoning

Rejecting the state government’s objections, the Supreme Court stated that the trial court would ultimately decide the guilt or innocence of the accused based on evidence. The bench clarified that keeping the accused in custody during the bail period was unnecessary, as prolonged detention could not be justified solely on the gravity of the allegations.

The decision has sparked a debate on the judicial approach to bail in sensitive cases involving social and religious issues. The ruling underscores the judiciary’s stance that bail should not be treated as a punishment and that due process must balance the rights of the accused with the seriousness of the alleged offense.

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