New Delhi: The Supreme Court has reprimanded the Allahabad High Court for its observations while denying bail to an individual accused under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and Section 365 of the Indian Penal Code.
As per a report by the Deccan Herald, the case pertains to alleged forced religious conversions, during which the High Court raised concerns that if such gatherings leading to conversions were not curtailed, the country’s majority population could eventually turn into a minority. The Supreme Court, however, found these remarks unnecessary in the context of a bail hearing and clarified that they should not set a precedent for future cases.
“We can understand that the trial court declined bail as trial courts seldom muster the courage of granting bail, be it any offence. However, at least, it was expected of the High Court to muster the courage and exercise its discretion judiciously,” a bench of Justices J B Pardiwala and R Mahadevan said on Monday.
“This is one of the reasons why the High Courts and now unfortunately the Supreme Court of the country is flooded with bail applications,” the bench observed.
Taking into account the prolonged detention of the accused Maulvi Syed Shad Khazmi alias Mohd Shad since May 21, 2023, and the subsequent filing of the charge sheet on July 19, 2023, the Supreme Court granted him bail. The court emphasised that personal liberty cannot be curtailed indefinitely without due justification.
This ruling underscores the judiciary’s role in maintaining impartiality while adjudicating cases involving sensitive religious issues and reiterates the importance of ensuring justice without unnecessary conjectures.
