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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Crowd management efforts ramped up at Maha Kumbh after stampede
Mahakumbh Nagar (PTI): A day after a stampede at the Maha Kumbh left 30 dead, the Uttar Pradesh government ramped up efforts to ensure crowd management and safety of devotees who continued to flock here in large numbers for the religious gathering.
The devotees braved the pre-dawn chill and dense fog to take a dip in the Sangam and at other ghats here on Thursday.
More than 55.11 lakh devotees had taken the holy dip till 8:00 am, according to the Uttar Pradesh government.
Superintendent of Police (Traffic) Anshuman Mishra told PTI that the area would remain a no-vehicle zone until the crowd disperses completely.
"Vehicle passes will not be valid until all devotees have safely left for their destinations. No outside vehicles would be allowed to enter the city until the crowd exits the Mela area," he said.
However, senior officials may grant permission for vehicle entry based on the situation, he said.
Mishra clarified that essential services such as police administration vehicles, ambulances and suction machines would be allowed entry as they are crucial for the smooth management of the Maha Kumbh.
Pilgrims, including women and children, were seen walking to and fro the various ghats amid reduced visibility. Many had thin blankets covering their bodies while some stopped by bonfires along the routes to keep themselves warm.
Uttar Pradesh Chief Secretary Manoj Kumar Singh and Director General of Police Prashant Kumar are scheduled to reach here later in the day for a detailed probe into the stampede.
The top officers would also conduct a thorough review of the arrangements in the Mela area, Chief Minister Adityanath said on Wednesday night.
"Every aspect related to security and public convenience must be carefully examined to ensure seamless arrangements for Basant Panchami (Feb 3 - Amrit Snan)," he said.
In a bid to further strengthen the arrangements, the Uttar Pradesh government will also be deploying two former senior officers on Mela duty -- Ashish Goyal, who served as divisional commissioner of Prayagraj for the 2019 Kumbh, and Bhanu Goswami, former vice chairman of the Agra Development Authority.
Additionally, five special secretary-level officers are being assigned to oversee operations. All of them will remain in Prayagraj till February 12 to assist in streamlining the arrangements, Adityanath said.
Besides 30 deaths, 60 people were injured in the pre-dawn stampede on Wednesday in the Sangam area of the Maha Kumbh as millions of pilgrims jostled for space to take a holy dip on the occasion of Mauni Amavasya, one of the most auspicious days of the Hindu calendar.
Maha Kumbh DIG Vaibhav Krishna said the incident took place due to crowd pressure. The crowd broke barricades and jumped to the other side, crushing those waiting there, he said.
On Wednesday, more than 7.64 crore devotees had a 'snan' at the Maha Kumbh, the highest in a single day so far. The footfall since the beginning of the mega event had crossed 27.58 crore by the end of Wednesday, according to the Uttar Pradesh government.
The Maha Kumbh kicked off on January 13 and will continue till February 26.
