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Supreme Court stays arrest of SHUATS Vice-Chancellor Rajendra Bihari Lal in religious conversion case

As per the first information report (FIR) of April 2022, around 90 people had gathered outside Evangelical Church of India, Hariharganj in Fatehpur District to convert to Christianity through coercion and undue influence.

Upon interrogation, it was allegedly revealed by the pastor that the process of conversion had continued for 34 days and was to complete in 40 days and that they were also converting patients from the Mission Hospital in collusion with the employees.

The investigating officers found 55 people allegedly involved in the conversion. 35 were named and 20 were unknown.

An FIR was registered under Sections 153A, 506, 420, 467, 468 of the Indian Penal Code (IPC) and Sections 3 read with 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021.

The petitioner submitted that the FIR did not name him but he was continuously harassed and intimidated respondents belonging to Vishwa Hindu Parishad.

“The petitioner herein being from a religious minority is continuously harassed and intimidated by the respondents and has been further accused of engaging in forced conversions even when there is no evidence to support these claims,” the plea said.

Eight months after the FIR was registered, the petitioner was served notice under Section 41(1) of Code of Criminal Procedure on December 26, 2022, asking him to appear before the investigating officer (IO) on December 29, 2012.

The plea said that he appeared before the IO on the said date and answered all queries.

“The petitioner had categorically stated that the petitioner along with the university has absolutely no concern with the said church and the said hospital and further, stated that he has no knowledge regarding the activities carried out at the said church and the hospital. Further it is pertinent to point out that Evangelical Church of India, Fatehpur is neither a member of the board of management, nor a member of the founding society of the university,” the petition contended.

Despite clear representation by the petitioner, a raid was conducted in the university and huge hue and cry was also made by the respondents in media tarnishing the reputation of the petitioner and university, it was submitted.

The petitioner moved for anticipatory bail before the Sessions Court and the Allahabad High Court both of which came to be dismissed prompting the present appeal before the top court.

“Petitioner moved anticipatory bail application before the Ld. Sessions Judge, Fatehpur and the same came to be rejected without appreciating the fact that in the present scenario Petitioner is victim of anti-conversion law after the rampant growth of right wing sentiment in the State. Ld. Session judge also failed to appreciate that various accused persons named in the FIR in question has already been granted bail/anticipatory bail and Petitioner being law abiding senior citizen has no chance of running away from justice,” the plea said.

Source: Barandbench

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