Conversion victims can face action if they try to convert others: Gujarat HC
Ahmedabad: The Gujarat High Court has said that persons claiming to be victims of religious conversion can also face legal action if they later attempt to convert others. On account of their act of "influencing, pressuring and alluring other persons to convert to Islam", a prima facie offence is made out against them, the court of Justice Nirzar Desai said on October 1, hearing a batch of petitions moved by several persons. The petitioners claimed they were originally Hindus and had been converted to Islam by other persons, and hence they were themselves victims of conversion and not accused. The court noted that they were involved in "pressuring and alluring other persons to convert to Islam," which would prima facie make out an offence against them.
Several men accused of religious conversion had approached the HC, contending that they were themselves victims of religious conversion and the First Information Report (FIR) against them was misconceived. They sought the FIR lodged against them at Aamod police station in Bharuch district to be quashed and set aside. Rejecting their plea, the HC noted, "On account of their act of influencing and pressurizing and alluring other persons to convert to Islam, as can be seen from the FIR as well as statements of the witnesses, of course, those allegations are prima facie in nature for which today, upon examination of material produced, the court is of the view that conversion of the victims indicates that a prima facie offence is made out." "Therefore, it cannot be accepted that those persons who are arraigned as accused who are originally Hindus and subsequently were converted to Islam, can be said to be the victims on account of allegations made in the FIR as well as the material collected during the course of investigation by way of charge-sheet papers," it said. The court was hearing a batch of petitions moved by several persons accused under Indian Penal Code sections 120 (B) (criminal conspiracy), 153 (B)(1)(C) (promoting enmity between different groups) and 295 (A) (deliberate and malicious acts intending to outrage religious feelings). A complainant had alleged that he was converted to Islam by three persons who took his thumb impression for the same, and one of the accused was getting financial aid to carry out the activities.
The three men named as accused had converted around 100 persons from 37 Hindu families to Islam by luring them with money and other temptations, as per the FIR. When he resisted, he was threatened, after which he approached the police. The case was registered naming nine persons, with a total of 16 persons arraigned as accused, some of whom moved the high court for quashing of the FIR. In another plea, where the petitioner, a foreign national, was accused of funding religious conversion activities, the HC also said prima facie case was made out against him. "No relief can be granted to the applicant, more particularly, when the applicant though being a foreign national has visited India around 25 times prior to registration of offence and he is not cooperating with the investigation post registration of FIR. I do not see any reason to entertain this petition," it said.
