Civil Procedure Code (CPC)

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Case Background

  • The petitioner, Javed, was alleged to have converted a Hindu girl into Islam to marry her.
  • He has been accused under Sections 120-B, 366, 368 of Indian Penal Code, 1860 and Section 5 (1) of the Uttar Pradesh State Act.
  • This case is concerned with the anticipatory bail plea of the accused.

Victim's Submission

  • It was submitted that the victim was made unconscious by some poisonous substance and was abducted and taken to Delhi.
  • There, she was made to sign some document papers against her, and the victim found out that she was converted to Islam to marry the petitioner.
  • Later, she was made to sign the Nikahnama, a written document validating marriage, which was written in Urdu, a language that she was unable to read.
  • The victim, later, also found out that the petitioner was already married.
  • It was argued that the conversion is against the provisions under the UP Prohibition of Unlawful Conversion Act.

Petitioner's Submission

  • It was submitted that the victim had willfully agreed to convert to Islam.
  • It was also argued that the impugned conversion had taken place even before the coming into force of the UP Conversion Act.

Issues Involved

  • Whether religious conversion against the will of the person concerned is valid?
  • Whether the UP Conversion Law applies to those conversions made before it senactment?
  • Whether such accused is entitled to bail?

Court's Order

  • The Allahabad High Court rejected the bail plea, stating that other men will convert poor girls unlawfully if such applications are allowed.
  • Since the accused was already married, and the conversion was against the girl's wish, the same is illegal and void.
  • Such conversion is against the right to freedom of religion under the Indian Constitution, the Court observed.

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