Supreme Court Slams Allahabad High Court for Denying Bail in Religious Conversion Case, Calls the Offence 'Not as Grave as Murder'

The Supreme Court of India granted bail to a maulvi accused of converting a mentally challenged boy to Islam, emphasizing that the offence of illegal religious conversion is not comparable to heinous crimes such as murder, rape, or dacoity.

Supreme Court's Observations

• The Court underscored that the alleged offence, while serious, does not fall into the category of crimes that pose severe harm to society like murder, rape, or dacoity.
  • "The offence alleged is not that serious or grave like murder, dacoity, or rape," the bench observed.
• It criticized the trial courts and the Allahabad High Court for failing to exercise judicial discretion appropriately in bail matters.
  • "Despite so many conferences, seminars, and workshops aimed at guiding trial judges on exercising their discretion under Section 439 of the CrPC, we still see discretionary powers being misapplied or ignored," the Court remarked.
• Highlighting the importance of personal liberty, the Court reiterated that bail should not be unduly denied, as it undermines constitutional principles of justice and fairness.
• The bench observed that trial courts often hesitate to grant bail in sensitive matters, fearing public or political backlash, but it expected the High Court to act with courage and judiciousness.

Criticism of the Allahabad High Court

• The Allahabad High Court had earlier denied bail, citing the seriousness of the allegations under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.
• The Supreme Court expressed dissatisfaction with the High Court's refusal, stating:
  • "There was no good reason for the High Court to decline bail. It was an opportunity to uphold judicial discretion, which was unfortunately missed."
• The bench further remarked:
  • "We can understand that trial courts seldom muster the courage to grant bail. However, at least the High Court should have exercised its discretion judiciously."

Background of the Case

• The accused, a maulvi, was arrested under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, which criminalizes forced or fraudulent religious conversions.
• The case involves allegations of converting a mentally challenged boy to Islam.
• Both the trial court and the Allahabad High Court rejected the bail plea, leading the petitioner to approach the Supreme Court.

Supreme Court's Ruling

• The apex court granted bail to the accused, emphasizing the need to evaluate offences based on their severity.
• The Court reiterated:
  • "Bail is not a privilege; it is a right unless the circumstances clearly demand otherwise."
• It stressed that judicial discretion should balance justice, fairness, and personal liberty while making bail decisions.

Case Title: Maulvi Syed Shah Kazmi vs UP

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