SC Expunges Allahabad High Court's Remark On Religious Conversion, Grants Bail To Accused

A bench of Chief Justice of India D Y Chandrachud and Justice Manoj Misra observed that the Allahabad High Court's remarks had no bearing on the facts of the present case and were not necessary for its disposal. Kailash, accused of being involved in the religious conversion of several people from a village in Prayagraj, was denied bail by the High Court on July 1.

New Delhi:The Supreme Court on Friday expunged the observations made by the Allahabad High Court that the majority population of the country would become the minority one day if religious congregations where conversions take place are not stopped.

The matter was heard by a bench of Chief Justice of India D Y Chandrachud and Justice Manoj Misra. Senior advocate Siddharth Aggarwal, representing the petitioner, Kailash, and Garima Prashad, Additional Advocate General of Uttar Pradesh, argued before the apex court in this matter.

"Bearing in mind that the petitioner was in custody since May 21, 2023, the charge sheet was submitted on July 19, 2023, we confirm the order dated August 27, 2024, enlarging the petitioner on bail, subject to the terms and conditions already specified. However, the petitioner shall cooperate in the investigation,” the apex court observed.

“While disposing of the Special Leave Petition, 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 any other court. The Special Leave Petition is disposed of in the above terms. Pending application, if any, also stands disposed of," the SC further said.

During the hearing, the bench said the remarks made by the high court were uncalled for at this stage of bail. "Such general remarks should not be used in any other case," said the bench, granting bail to an accused in a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Kailash, accused of being involved in the religious conversion of several people from a village in Prayagraj, was denied bail by the High Court on July 1. The judge, Justice Rohit Ranjan Agarwal, had observed that religious congregations where conversions take place should be stopped immediately, or else the country's majority population will become a minority one day.