Dismissed

Sallahuddin v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC16 Dec 2022/1925/2022

Case brief

AI extract

What is this about?

The High Court dismissed the criminal appeal filed by Sallahuddin challenging the refusal of bail. The Court affirmed the trial court's order, holding that the appellant's involvement in organized unlawful conversion activities posed a threat to national integration, thus rejecting the bail plea.

What did the court decide?

Bail plea dismissed; impugned order refusing bail affirmed.

Sallahuddin Vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Reserved on 09.12.2022 Delivered on 16.12.2022

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Court No. - 1

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Case :- CRIMINAL APPEAL No. - 1925 of 2022

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Appellant :- Sallahuddin Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Appellant :- Vivek Abhir,Anupam Mishra,Mohammad Aziz Mansuri Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.

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(1) The instant Criminal Appeal has been filed by the appellantSallahuddin, under Section 21 (4) of the National Investigation Agency Act, 2008 [here-in-after referred to as ‘Act of 2008’], challenging the order dated 05.05.2022 of refusal of bail to the appellant by the learned Special Judge, NIA/ATS/Additional District & Sessions Judge, Court No.3, Lucknow in Bail Application No. 9743 of 2021, Sallahuddin Vs. State of U.P. through ATS .

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(2) Brief facts of the case are that an F.I.R. was lodged as Case Crime No. 9/2021 on 20.06.2021 at 11.35 hours at Police Station ATS Gomti Nagar, District Lucknow for offences under Sections 420, 120-B, 153-A, 153-B, 295-A, 511 IPC and 3/5 U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 [here-in-after referred to as ‘Act of 2021’] against Mohd. Umar Gautam, Mufti Qazi Jahangir Qasmi, Chairman of Islamic Dawah Centre (IDC) and unknown persons.

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(3) The allegations against the appellant are that he was involved in promoting enmity between different groups of religion and disturbing the sovereignty and integrity of India by influencing the non-Muslim sects to convert and to embrace Islam. The coaccused Mohd. Umar Gautam procured the funds from different donors into his organization to achieve the said objective. It is

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further averred in the FIR that on the information received through FIR/Case Crime No. 473 of 2021 which was registered under Sections 419, 420, 506 IPC at Police Station Masuri, District Ghaziabad, it came into light that the co-accusedMohd.Umar Gautam, who is a converted Muslim, is involved in getting the people of another religion converted into Islam on large scale and about 1000 non-Muslims have been converted and married with Muslims. Further, it is stated that the accusedMohd. Umar Gautam and his associates are running an organization, namely, Islamic Dawah Centre (IDC) for the said purpose of conversion and huge fund is being provided to Islamic Dawah Centre (IDC) from different sources including foreign countries. It also came into picture that the students of Deaf and Dumb School, namely, NOIDA Deaf Society, have been converted in illegal manner by practicing misrepresentation, allurement and fraudulent means. On enquiry, it was found that a Case Crime No. 247 of 2021 was registered under Section 364 IPC for kidnapping of one Aditya Gupta by his mother, who states that her son was forcibly converted and was taken to a place in southern part of India.

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(4) During the investigation of the present case, it was found that the accused-Mohd. Umar Gautam had created a gang for the aforesaid aim and object and Irfan Shaikh @ Irfan Khan, who was working as an Interpreter in Sign Language Training and Research Centre, New Delhi, was a vital link of this syndicate as it transpires from FIR of Case Crime No. 9 of 2021 that the appellant was involved in the incident which took place on 02.06.2021 at Hindu Temple “Devi Mandir Dasna” situated at Masoori, district Ghaziabad wherein it was alleged that two Muslim boys entered the temple with an intention to harm the priest “Guru Yati Narshinhanand Saraswati Ji” for which an FIR No.473 of 2021 was lodged against the appellant on 03.06.2021 as has been referred to above.

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(5) During the course of investigation, Sections 121-A, 123, 417, 298 IPC and Section 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 were added, while Sections 420 and 511 IPC were omitted by the Investigating Agency.

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(6) After investigation, the ATS has submitted first charge chargesheet on 13.08.2021 under Sections 120-B, 153-A, 153-B, 295A, 417, 298 IPC and Sections 3, 5, 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against Salahuddin Jainuddin Sheikh, Mohd. Umar Gautam, Mufti Qazi Jahangir Qazmi, Mannu Yadav alias Abdul Mannan, Rahul Bhola alias Rahul Ahmad, Irfan Shaikh @ Irfan Khan, whereas second supplementary charge sheet was filed on 17.09.2021 under Sections 120-B read with Sections 153-A, 153-B, 295-A, 417, 298, 121-A and 123 IPC and Sections 3, 5, 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against Mohd. Umar Gautam, the appellant, Mufti Qazi Jahangir Qazmi, and Irfan Shaikh @ Irfan Khan and in the said charge sheet, offences under Sections 121-A and 123 IPC have been added against the aforesaid accused.

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(7) The appellant thereafter moved a bail application before the Special Court, NIA/ATS, Lucknow and the same was dismissed by the impugned order dated 05.05.2022 and being aggrieved by the same, the applicant has preferred the present Appeal under Section 21 (4) of Act of 2008.

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(8) Pleadings have been exchanged between the parties.

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(9) Heard Shri Arsh R. Shaikh, learned Counsel for the appellant and Shri S.N. Tilhari, learned Additional Government Advocate for the State-respondent and perused the material brought on record.

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(10) It has been argued by learned counsel for appellant that the applicant-appellant is a resident of Gujarat and is earning his livelihood by selling/trading of Fast Moving Consumer Goods (FMCG) and is also working as a Managing Trustee in the Trust, namely, AFMI Trust since 2017 after death of original Managing Trustee of the Trust/Sri Maher Kothari. The functions and objectives of the aforesaid Trust were managed by the applicant/appellant which includes spreading and promoting education, running schools, colleges, libraries, museums, balmandirs, study centers, universities and other institutions for imparting education and training to students. It was also running hostels, boarding houses and also lodging to poor and deserving students and research scholars. The trust further used to provide scholarship and cash payments for giving loans to poor and desirous who pursue their secondary and higher education. To afford medical relief, the Trust had also hospitals and other medical institutions. The Trust had extended its help to the poor and deserving persons during famine, flood, earthquake and any unforeseen calamities or war otherwise.

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(11) Learned Counsel for the appellant has submitted that the appellant was intercepted on 29.06.2021 by the ATS Officers, Lucknow, U.P. while he was travelling from Ankleshwar to Vadodara with his driver and on the next day, i.e., 30.06.2021, the applicant was arrested in pursuance of the present F.I.R. registered at Lucknow, U.P.

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(12) Learned Counsel for the appellant has further submitted that the appellant is not named in the F.I.R. and the appellant was arrested by the ATS Officers in gross violation of law. He further argued that no offence whatsoever is disclosed against the applicant for the offences in question.

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(13) It is further contended that no incriminating material has been recovered from the appellant and not even a single witness or convertee has ever alleged use of force, misrepresentation, coercion or any kind of allurement offered by the appellant. It was further argued that in the entire process of hatching a conspiracy to implicate the appellant, the police failed to adduce a single person who could have made allegations of forceful conversion against the appellant or any member of the Society run by the appellant. In absence thereof, the police through SI Vinod Kumar himself became the complainant and lodged the FIR of the present case.

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(14) It was further argued that the statement of Aditya Gupta for which an F.I.R. was lodged by his mother as Case Crime No. 247 of 2021 under Section 364 IPC with an allegation that her son has been kidnapped and was forcibly converted into Islam, has clearly stated that he himself with his free-will and without any coercion, embraced Islam and during investigation, the statement of Ms. Laxmi Gupta, mother of Aditya Gupta has been recorded and name of the appellant is not surfaced.

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(15) Similarly, the statement of one Mannu Yadav was also recorded under Section 161 Cr.P.C. by the Investigating Officer, who himself has stated that he embraced Islam without any undue pressure or coercion. Thus, it is apparent from the statement that the appellant had no role to convert anybody into Islam.

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(16) In this regard, the statement of one Anshuman Tiwari was recorded by the Investigating Officer, who had approached the Islamic Dawah Center (IDC) to prepare a Conversion Certificate so that he can marry one Uruz Fatima. Similarly, it was pointed out that from the statements of Dipansh Dubey, Shrishti Tiwari alias Zainab, Paresh Horede and Naveen Alias Naved Ahmad reveal that the said persons have voluntarily

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embraced Islam and the appellant had no role to forcibly convert them into Islam by allurement.

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(17) He further submitted that Section 4 of Act 2021 provides that any aggrieved person, his/her parents, brother, sister or any other person who is related to him/her by blood, marriage or adoption may lodge a first information report of such conversion which contravenes the provisions of Section 3, whereas in the instant case, the F.I.R. has been lodged by S.I. Vinod Kumar in the capacity of complainant, who is neither an ‘aggrieved person’ nor is related to the aggrieved person in any manner as he is Sub-Inspector of Anti-Terrorist Squad, Noida Unit, Uttar Pradesh which itself is untenable in the eyes of law. It was argued that no offence under Sections 3/8 of the Act of 2021 is made out against the appellant.

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(18) Learned Counsel for the appellant has further submitted that as per Section 8 of Act of 2021, all applications which have been made by the persons of other religions were prior to the enforcement of Act of 2021, hence no offence under Section 8 of Act of 2021 is made out against the appellant as the said Act came into force with effect from 27.11.2021 and all the incidents alleged against the appellants are prior to that, which is apparent from the record.

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(19) Learned Counsel for the appellant further has relied upon various judgments of the Apex Court with respect to grant of bail and further, no offence, whatsoever, is disclosed against the appellant for the offences in question. Further, it is submitted that the appellant is in jail since 15.07.2021, hence he may be released on bail as the trial is not likely to conclude in the near future.

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(20) Per contra, learned Additional Government Advocate, on the other hand, has vehemently opposed the prayer for bail and has submitted that name of the appellant has been disclosed in the statement of co-accused Rahul Bhola @ Rahul Ahmad that the appellant alongwith co-accused/Mohd. Umar Gautam, who is named in the F.I.R. on the information received by the AntiTerrorism Squad (ATS), U.P. that the anti-national/anti-social elements and religious organizations, on the direction of ISI and foreign organizations, are indulged in getting the people converted into Islam. They are getting funds from the foreign countries for this cause. They are targetting people by creating and promoting rumour about other religion by giving hatred speech, by insulting the religion and religious feelings of a class of citizens with deliberate and malicious intention. They are creating ill-will between different religious sections. To achieve their goal, they are converting and attempting to convert the citizens of one religion to other religion by practice of misrepresentation, force, undue influence, coercion, allurement and fraudulent means and by marriage. For this illegal act, they are targetting the weaker sections of the Society, children, women and the people belonging to Scheduled Castes/Scheduled Tribes and their object and goal is to change the demography of country by converting the citizens from one religion to another religion and to disturb the peace and tranquility of society and to disturb the public order.

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(21) He further submitted that the applicant has conspired with the co-accused persons for unlawful conversion of persons of other religion to Islam which is evident from the statements of Victim/Aditya Gupta, Mohit @ Moin, Dipanshu, Tushar, Navin @ Naved, Mohd. Shabba under Section 161 Cr.P.C. and also of accused Mannu Yadav and accused Rahul Bhola @ Rahul Ahmad. He further submitted that the active participation of the applicant has been disclosed from the evidence collected from

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the mobile data of the co-accused Mohd. Umar Gautam and the applicant was arrested on 30.06.2021 from Gujarat and was produced on transit remand before the competent Court on 02.07.2021.

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(22) He further pointed out that on 17.09.2021, a supplementary charge sheet No.11A/2021 was submitted against the appellant for the offences under Sections 121-A/123 IPC. He further pointed out that the appellant had challenged the order of trial Court dated 27.04.2022 challenging his illegal detention by the ATS before this Court in Application u/S 482 No. 2958 of 2022 and the learned Single Judge of this Court vide detailed order dated 26.09.2022 dismissed the said petition. A copy of the same has been annexed as Annexure No.CA13 to the counter affidavit. He urged that if the appellant is released on bail there is every likelihood that he would further indulge in such activities which would endanger the national integration of the country.

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(23) Learned Additional Government Advocate has further submitted that the trial is in progress and the appellant has also moved a discharge application which has been rejected and the charge is to be framed against the appellant and co-accused persons. He urged that if the appellant is released on bail there is every likelihood that he would further indulge in such activities which would endanger the national integration of the country.

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(24) We have examined the submissions advanced by the learned Counsel for the parties, perused the impugned order and the material brought on record.

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(25) Prima facie, i t transpires from the record that the appellant was not named in the F.I.R. of the present case, but the Anti-

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Terrorism Squad (ATS) during the course of investigation has found from the documentary as well as electronic evidence, the participation of the appellant alongwith co-accused who are indulged in unlawful conversion of people other religion to Islam. It further transpires that the co-accused/Mohd. Umar Gautam who was running an organization in the name of Islamic Dawah Center (IDC) and was also receiving huge amounts from foreign countries for attaining the aim and objects of Islamic Dawah Center (IDC). The appellant along with him and other co-accused persons was carrying-on unlawful conversion of non-Muslims to Islam. In this regard, the statement of witnesses, namely, Aditya Gupta, Mohit @ Moin, Dipanshu, Tushar, Navin @ Naved, Mohd. Shabba recorded under Section 161 Cr.P.C. and also of accused Mannu Yadav and accused Rahul Bhola disclosed and established the fact of unlawful conversion by the appellant and co-accused persons.

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(26) It also transpires that charge sheet No.4 narrates the role and job of the accused persons including appellant for committing the offences in question. According to flow chart described in the charge sheet, there appears to be three levels of functioning and the role of accused including the appellant involved in the process of alleged conversion which is evident from the chart described hereunder:-

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Central Level

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Name of the accused	Role and involvement
(1)Umar Gautam	To make road map according to the
(2) Maulana Kaleem Siddiqui (3) Salahuddin Sheikh	ideology and to provide man, material, money and ideological support in its enforcement.

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Second Level

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Name of the accused	Role and involvement
(1) Prasad Rameshwaram Kawre &	Working at Satellite Center Of
Adam (2)Irfan Sheikh	Syndicate, In which through a organic system different roles has been assigned

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(3)Faraz Babuullah Shah (4) Kausar Alam (5)DheerajGovind Rao Jagtap	to target for conversion. Publishing the literature (Electronic Books/Pamplets) for the purpose of conversion, Illegal conversion and prepare the documents
(6) Dr. Arsalan @ Bhupriya Bando	of the illegal conversion, To rehabilitate after the illeal conersion
(7)Mufti Kazi Jahangir Alam Kasmi	g v.
(8) Abdullah Umar
(9)Mhd. Idirees Qureshi
(10) Sarfaraz Ali Zafri

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Third Level

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Name of the accused	Role and involvement
(1)Rahul Bhola @ Rahul Ahmad (2) Mannu Yadav	Working as Multi-Level Marketing Agent only on the direction of the accused of the first and second stage
(3)Kunal @ Atif	without having the knowledge and
(4) Hazi Saleem	Modus Operandi.

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(27) Thus, keeping in mind the act and conduct of the appellant, it cannot be said that he is an innocent, but on the other hand, the evidence collected during of course of Investigation by AntiTerrorist Squad (ATS), charge sheet submitted against the appellant and from perusal of charge sheet No.4 referred in para No.26, there were three levels/stages in which the accused persons were involved in the crime in question which is an organized crime and the appellant was working at the Central Level which was the first level with co-accused/Umar Gautam and Maulana Kaleem Siddiqui reflects that he was carrying-on anti-national activities with the help of anti-social elements for achieving nefarious design which would weaken the social fabric of the country and developed and spread hatredness amongst the people of different religions which would disturb the public tranquility and public order. Considering the contention of the learned State Counsel that if the appellant is released on bail, there is every likelihood that he would again indulge in such activities, which would be prejudicial to the national integration of the country, also has substance, hence we do not find any good ground for enlarging the appellant on bail, which is accordingly refused.

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(28) Accordingly, while affirming the impugned order dated 05.05.2022, the instant Criminal Appeal of the appellantSallahuddin, involved in Case Crime No.9/2021, under Sections 120B, 121A, 123, 153A, 153B, 295A, 298, 417 I.P.C. and Section 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Ordinance, (Act), 2021, P.S. ATS U.P., District Lucknow, is dismissed .

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(29) It is relevant to mention here that the bail of the co-accused person/Irfan Shaikh @ Irfan Khan has been rejected earlier by a Co-ordinate Bench of this Court in Criminal Appeal No. 38 of 2022 vide order dated 25.03.2022 and also of the co-accused persons, Rahul Bhola @ Rahul Ahmad in Criminal Appeal No. 2469 of 2022, Abdullah Umar in Criminal Appeal No. 1739 of 2022, Mohd. Umar Gautam in Criminal Appeal No. 1926 of 2022 and Mohammad Salim in Criminal Appeal No. 2338 of 2022 have been rejected by this Court today under Section 21 (4) of 2008 of Act which are connected with the present appeal.

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(30) Considering the facts and circumstances of the case, the Trial Court concerned is directed to proceed with the trial and conclude the same expeditiously, preferably, within one year, from the date of receipt of a certified copy of this order.

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(31) Learned counsel for the parties are directed to place a copy of the order before the Trial Court concerned for information and necessary compliance.

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[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.]

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Order Date :- 16.12.2022 lakshman

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Digitally signed by LAKSHMANA KUMAR TAMMANA Date: 2022.12.16 17:06:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Sallahuddin v. State of U.P. Thru. Prin. Secy. Home, Lucknow

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Sallahuddin v. State of U.P. Thru. Prin. Secy. Home, Lucknow

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