The Supreme Court on Thursday stayed further criminal proceedings against a man accused of forcing a family in Madhya Pradesh to convert to Islam while issuing notice on his appeal challenging the Madhya Pradesh High Court’s refusal to quash the criminal case.
The Bench of Justice Manoj Misra and Justice Shree Chandrashekhar passed the interim order in a special leave petition filed by Hemraj Tailor against the High Court’s decision declining to exercise its inherent jurisdiction to quash the First Information Report (FIR) and the subsequent criminal proceedings.
The Apex Court directed the state to file its response within six weeks and stayed all further proceedings arising out of the case registered at Police Station Jeerapur in Rajgarh district, Madhya Pradesh, pending further consideration of the matter.
During the hearing, the counsel appearing for Tailor submitted that the FIR had been lodged nearly eight years after the complainant’s husband had allegedly converted to Islam. It was further contended that the petitioner and his family profess Hinduism, and documents substantiating the same had been placed on record before the Court.
The criminal case arose from a complaint filed by the wife of a man who allegedly converted to Islam after being influenced by the petitioner. According to the prosecution, following his conversion, the husband allegedly began pressuring his wife and their minor son to embrace Islam at the instance of Tailor. The complainant also alleged that the petitioner had, on one occasion, advised her to convert to Islam.
Based on the complaint, the police registered an FIR against Tailor under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act, 2021, relating to the prohibition and punishment of unlawful religious conversion, along with Sections 506 (criminal intimidation) and 34 (acts done in furtherance of common intention) of the Indian Penal Code. After completing the investigation, the police filed a chargesheet before the competent court.
Tailor subsequently approached the Madhya Pradesh High Court seeking quashing of the FIR and the criminal proceedings. He contended that there was no material connecting him with the alleged offences and that the prosecution had failed to produce evidence showing any attempt on his part to convert either the complainant or her minor son. He further argued that the statutory provisions had been invoked without sufficient factual foundation and that the allegations did not disclose a prima facie case.
The State opposed the plea, relying on witness statements recorded during the investigation, including the statement of the complainant’s minor son, to contend that there was sufficient material linking the petitioner to the alleged offence. It submitted that the investigation had been completed and the chargesheet had been filed on the basis of adequate evidence warranting a full-fledged trial.
The High Court dismissed the quashing petition, holding that the statements of the complainant and her minor son specifically implicated the petitioner and disclosed a prima facie case. It observed that the allegations were serious in nature and that the issues raised by the petitioner required appreciation of evidence during trial.
It further held that continuation of the criminal proceedings could not be treated as an abuse of the process of law and relied on the Supreme Court’s decision in Neeharika Infrastructure vs State of Maharashtra, which cautions High Courts against interfering with criminal investigations or proceedings except in exceptional circumstances.
Aggrieved by the High Court’s order, Tailor approached the Supreme Court. Taking note of the submissions, the Apex Court issued notice to the respondents and granted interim protection by staying further proceedings in the criminal case until the next date of hearing.
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