The Supreme Court of India on Friday, 27 September 2024, expunged the controversial remarks passed on religious conversions and population demographics by the Allahabad High Court. The decision was taken while granting bail to an individual accused under the anti-conversion law of Uttar Pradesh.
Kailash, whose case was heard by the bench of Chief Justice D.Y. Chandrachud and Justice Manoj Misra has been lodged in jail since 21 May 2023 on charges under provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and Section 365 of the Indian Penal Code (IPC). Section 365 of the IPC refers to kidnapping or abducting with intent to secretly and wrongfully confine a person.
The Allahabad High Court in its order dated 1 July 2024 had refused bail to Kailash. While refusing the bail application, Justice Rohit Ranjan Agarwal had brought out observations on religious conversions. The High Court has said, “If this process is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India.”
The High Court had further noted that it had noticed in various cases that “unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the state of Uttar Pradesh.”
These observations by the Allahabad High Court sparked controversy and were brought to the attention of the Supreme Court during Kailash’s bail hearing. The Apex court, while granting bail to Kailash, took exception to the High Court’s remarks.
Chief Justice Chandrachud and Justice Misra clarified in their order, “We clarify that the general observations made by the High Court had no bearing on the facts of the present case and were, therefore, not required for the disposal of the case. The observations, therefore, shall not be cited in any other case or proceeding in the High Court or in any other court.” The Supreme Court order thus effectively overrules the comments of the High Court, so that they cannot be subsequently used as precedent in courts or elsewhere.
Kailash has been accused of converting people by taking them from Hamirpur, Uttar Pradesh, to religious congregations in Delhi for conversion. The complainant named Ramkali had accused Kailash of assuring her that her mentally ill brother would get be treated and would return within a week.
During the Supreme Court hearing, Senior Advocate Siddharth Aggarwal appeared for the petitioner, while Additional Advocate General Garima Prashad represented the State of Uttar Pradesh.
The Supreme Court considered the fact that Kailash had been under custody since 21 May 2023 and that the charge sheet had already been submitted on 19 July 2023. It confirmed the interim order of 27 August 2024 passed and granted the accused bail. The court specified that Kailash should cooperate with the ongoing investigation.
Speaking to Christian Today, Supreme Court Advocate P I Jose termed it as an opportunity missed. He said, “It is an imperfect decision. The Supreme Court was silent on the right of a citizen to get converted while empathetically denying any right to convert others in the context of existing statutes permitting literally anyone to file complaints against conversions.”
