'Disturbing Trend': Allahabad HC Slams UP Govt Over False FIRs Filed Under Anti-Conversion Law
New Delhi: Condemning what it termed a “disturbing trend” of false FIRs being filed under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, the Allahabad high court on Monday (April 13) directed the additional chief secretary (home) of the state to file a personal affidavit specifying the action being taken in such cases, reported LiveLaw.
A bench of Justices Abdul Moin and Pramod Kumar Srivastava observed that FIRs are being lodged "left and right" under the 2021 law, which eventually turn out to be fallacious.
The bench made these observations while hearing a criminal writ petition filed by Mohd. Faizan and others, who are seeking the quashing of an FIR registered at a police station in the Bahraich district.
The FIR alleges that the petitioner and others had enticed away the 18-year-old daughter of the complainant and that there is every likelihood of the petitioners trying to change the religion of the complainant's daughter and to force her to marry.
However, the woman has said in her statement that she was in a consensual relationship with the petitioner for the past three years and denied any allegations of change of religion, forced marriage or physical relations.
She also explicitly stated that she wished to reside with the petitioner and also prayed that the members of Hindu organisations should not harass her or her relatives.
"The statement of the victim itself indicates that she is apprehensive of her safety and the safety of her relatives after her statement being recorded and she being apprehensive of being harassed and troubled by the various Organizations," the high court noted.
The bench also noted that despite the woman’s statements denying that she was forced or asked to change religion, the investigating officer (IO) only dropped the charge of rape (Section 69 of the BNS) but chose to proceed with the investigation under charges of kidnapping and assault under the BNS, as well as sections of the UP Anti-Conversion Act, 2021.
"Prima facie, it emerges that the Investigating Officer is acting under pressure or is 'persuaded' by some other factors. We need not say anything more at this stage,” said the court, reported LiveLaw.
The bench also directed the complainant/father of the woman to appear in person on the next date of hearing to explain why action should not be taken against him for lodging a "patently false, fake and frivolous FIR".
The Court also stayed the arrest of the petitioners and directed the state to provide adequate security to the petitioners, the woman, and her family members within three days.
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