New Delhi: The Association for Protection of Civil Rights (APCR) has supported a Public Interest Litigation in the Supreme Court challenging key provisions of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025. The petition contests Sections 5(6), 10(3), 12, and 13 of the Act, which allow confiscation and demolition of properties for alleged unlawful conversions.
The case, M. Huzaifa & Anr. v. State of Rajasthan & Ors. (W.P. (C) No. 1047/2025), was heard by a Division Bench of Justices Vikram Nath and Sandeep Mehta. The court has issued notice to the State of Rajasthan on both the main petition and the interim stay application.
The PIL, filed by human rights activist John Dayal and advocate-researcher M. Huzaifa, argues that these provisions violate the Constitution and contradict the Supreme Court’s 2024 judgment in In Re: Directions in the Matter of Demolition of Structures (2024 SCC OnLine SC 3291). That ruling stated that no demolition or punitive action can occur without judicial determination of guilt.
The petition highlights that the law gives the District Magistrate or a gazetted officer powers to confiscate or demolish property without court oversight, replacing judicial review with executive discretion. It also criticizes Section 5(6), which allows property forfeiture “with or without consent” of the owner, calling it collective punishment.
Senior Advocate Abhay Mahadeo Thipsay settled the petition, filed through Advocate-on-Record Yashwant Singh, with research support from Amaan Siddiqui, Mohd Saad Khan, and Ziya ur Rahaman Karim. APCR reiterated its pledge to uphold constitutional rights, due process, and judicial independence.
