Illegal religious conversion not as grave as murder, dacoity, or rape: Supreme Court
New Delhi: The Supreme Court, while granting bail to a maulvi accused of converting a mentally challenged boy to Islam, stated that the offence of illegal religious conversion is not as serious as crimes like murder, dacoity, or rape.
A Bench comprising Justices JB Pardiwala and R Mahadevan criticised the Allahabad High Court and the trial court for refusing bail in the case. The Court observed that despite numerous conferences and seminars aimed at guiding judges on exercising discretion in bail matters, trial courts often reject bail applications.
"Every year, conferences, seminars, and workshops are conducted to help trial judges understand how to exercise their discretion in bail matters, yet some judges fail to adhere to the principles under s. 439 CrPC and s. 483 of the BNSS," the Court remarked.
The Bench expressed disappointment with the High Court for not granting bail, stating, "The High Court should have exercised its discretion judiciously. The alleged offence is not as grave as murder, dacoity, or rape. While we understand that trial courts often hesitate to grant bail, the High Court was expected to show judicial courage."
The accused, a maulvi from Uttar Pradesh, is facing charges under s. 504 and s. 506 of the IPC, along with s. 3 and s. 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Both the trial court and the Allahabad High Court had earlier denied bail to the petitioner.
The Supreme Court observed that the growing reluctance of trial courts to grant bail often leads to unnecessary appeals reaching the higher judiciary. "This matter should not have reached the Supreme Court. The trial court should have shown the courage to grant bail, and appropriate terms and conditions could have been imposed. We fail to see what harm would have been caused to the prosecution had bail been granted," the Bench said.
The Court also noted that such tendencies contribute to the backlog of bail applications in High Courts and the Supreme Court. While allowing the plea, the Court emphasised the need for judicial officers to exercise their discretion responsibly.
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Vijay says no to CM convoy until swearing-in: TVK
Chennai (PTI): TVK chief Vijay declined to accept the police convoy vehicles provided to Tamil Nadu chief minister as per protocol until his swearing-in, the party said on Thursday.
A police official confirmed that the CM convoy vehicles provided to him "as per protocol" following the announcement of the Assembly election results were returned and have not been withdrawn.
The official also said that arrangements were in place for the swearing-in ceremony.
The Tamilaga Vettri Kazhagam (TVK) clarified that its party founder Vijay had "personally requested that the convoy vehicles be returned". In a statement here, the TVK said: "Vijay conveyed that he would accept the official chief minister-level security only after forming the government with a decisive mandate".
Four convoy vehicles assigned to Vijay on May 4 after his TVK secured 108 seats in the Assembly polls returned from his residence following his request.
Even on May 6, the police had deployed security near his Panaiyur residence and in front of the Lok Bhavan here when Vijay called on Governor Rajendra Vishwanath Arlekar to stake his claim to form the government. Vijay did not use the government vehicle to meet the Governor.
