Illegal conversion of a person is not as serious as murder, rape or robbery

Supreme Court grants bail to the accused

New Delhi – Kanpur-based maulavi (religious leader of Islam) Syed Shah Kazmi alias Muhammad Shaad was arrested in connection with the illegal conversion of a young boy. He was denied bail by the Lower and High Courts; however, the Supreme Court granted him bail, saying that ‘illegal conversion is not a crime as serious as murder, rape or robbery’. A two-judge bench headed by Justice J.B. Pardiwala announced the verdict.

1. Arguing on behalf of the Uttar Pradesh Government, Additional Advocate General Garima Prashad said that this case is about the forcible conversion of a mentally challenged minor. Therefore, it is severe. For this, one can be punished for up to 10 years.

2. The Supreme Court, while granting bail, said that every year, conferences of the Courts are held in which the judges of the Lower Courts are told how to exercise their discretion in bail cases. However, the judges can grant or deny bail as they wish. If the judge of the Lower Court does not grant bail to the petitioner, then at least the High Court is expected to grant it, the bench said, expressing surprise that the High Court too did not grant bail in this case.

3. The Court further said that if there is concrete evidence against Mohammad Shaad in the case of illegal conversion, the Lower Court will consider it and decide the punishment. Currently, the matter has reached the Supreme Court for bail. In this case, it does not appear that the petitioner needs to be kept in custody.