Allahabad HC Stays Action Against Muzaffarnagar Man Booked Under New Anti-Conversion Law

New Delhi, 19 Dec 2020 [Fik/News Sources]: The Allahabad High Court on Friday stayed criminal proceedings against a Muslim man booked under the controversial anti-conversion law, observing that the interfaith couple was an adult one with full right to privacy.

Nadeem, a resident of Muzaffarnagar, had been booked by the Mansoorpur police station in Muzaffarnagar on November 29, just a few days after the ordinance was introduced.

“Till the next date of listing, no coercive measure shall be taken against the petitioner,” Justices Pankaj Naqvi and Vivek Agarwal said while hearing a petition filed by Nadeem.

“Article 25 provides that all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate religion, subject to public order, morality and health and to other provisions of Part III of the Constitution (that covers fundamental rights).”

Noting that the woman concerned was an adult “who understands her well-being”, the court said, “she as well as the petitioner have a fundamental right to privacy and being grown-up adults… are aware of the consequences of their alleged relationship.”

The police have booked Nadeem under Sections 3/5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, and IPC Sections 120-B (criminal conspiracy), 506 (criminal intimidation), and 504 (intentional insult with intent to provoke breach of peace) following the complaint by the husband of the woman, accusing Nadeem of wooing his wife for marriage, and coercing her to convert.

Nadeem had not been arrested in the case. The husband had alleged that Nadeem used to visit their house and had given his wife a phone to talk with her.

However, the court upheld the argument of Nadeem’s lawyer and said that there was lack of any evidence to prove use of force or coercive process being adopted by the petitioner and allegations were based on suspicion.

The next date of hearing in the case is on January 7.

(With inputs from Indian Express)