Supreme Court Quashes Multiple FIRs Under UP Conversion Law, Affirms Protection of Innocent Citizens; Sources Says

Supreme Court Quashes Multiple FIRs Under UP Conversion Law, Affirms Protection of Innocent Citizens; Sources Says

New Delhi: In a landmark ruling reinforcing the principle that criminal law must not be wielded to harass innocent citizens, the Supreme Court on Friday quashed multiple First Information Reports (FIRs) filed in Fatehpur, Uttar Pradesh, over alleged “mass religious conversions” of Hindus to Christianity. The decision marks a significant moment in the interpretation and application of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

A two-judge Bench comprising Justices J.B. Pardiwala and Manoj Misra set aside five FIRs lodged against several individuals, including Rajendra Bihari Lal, Vice-Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS). Justice Pardiwala, authoring the 158-page judgment, noted that the FIRs suffered from procedural flaws, legal infirmities, and lack of credible evidence, describing continued prosecution as a “travesty of justice.”

The verdict emphasized that criminal law cannot be used as a tool of harassment. “The criminal law cannot be allowed to be made a tool of harassment of innocent persons, allowing prosecuting agencies to initiate prosecution at their whims and fancy, on the basis of completely incredulous material,” the court observed, citing glaring defects in a 2022 FIR.

The judgment criticized the police approach in one instance, stating: “It was not open to the police to overcome the difficulty by getting persons with vested interests to make complaints regarding the same alleged incident after a considerable delay and thereafter initiate a fresh round of investigation against largely the same set of accused persons. Unfortunately, this is the only impression which the material on record has left on us.”

The Bench rejected arguments suggesting that the Supreme Court should refrain from quashing FIRs under Article 32 of the Constitution. The court clarified that, as the highest constitutional authority, it has the responsibility to provide remedies for violations of fundamental rights. “Once the Constitution has cast such a responsibility upon it, this Court need not direct a petitioner to pursue an alternative remedy when the grievance stems from the alleged violation of a fundamental right,” the verdict stated, adding that the extraordinary circumstances warranted immediate intervention.

The Court meticulously examined each FIR, highlighting serious deficiencies. Notably, no alleged victims of conversion had approached the police, and witness statements lacked credibility. In reference to a specific FIR dated April 14, 2022, the Court found that “neither the witnesses underwent unlawful religious conversion, nor were they present at the place of the alleged mass conversion.”

While quashing five FIRs, the Court ordered the detagging of pleas related to one FIR, noting it involved separate offences. Interim protection for the accused remains in effect until the matter is finally resolved.

The Bench underscored that repeated FIRs for the same incident constitute an abuse of investigative powers, undermining the fairness of the process and exposing the accused to unwarranted harassment. The judgment drew on earlier rulings affirming that courts have the authority and duty to intervene when legal processes are misused.

The petitions pertained to six FIRs lodged between December 2021 and January 2023 under various provisions of the Indian Penal Code and the UP anti-conversion law. One FIR, registered on April 15, 2022, at Kotwali police station in Fatehpur, stemmed from a complaint by Himanshu Dixit, vice-president of the Vishwa Hindu Parishad. The complaint alleged that 90 Hindus were converted to Christianity during an event at the Evangelical Church of India on Maundy Thursday, and that conversions were effected through coercion, undue influence, and inducements.

The accused had faced serious charges under Sections 307 (attempt to murder), 504 (intentional insult to provoke breach of peace), and 386 (extortion) of the IPC, alongside provisions of the Uttar Pradesh conversion law.

The Supreme Court’s ruling reinforces the principle that laws, even special legislations like the UP anti-conversion law, must be applied judiciously, ensuring they do not become instruments of harassment against innocent citizens.


Follow the CNewsLive English Readers channel on WhatsApp:
https://whatsapp.com/channel/0029Vaz4fX77oQhU1lSymM1w

The comments posted here are not from Cnews Live. Kindly refrain from using derogatory, personal, or obscene words in your comments.