Gujarat High Court Upholds Charges Against Maulvis in Tribal Conversion Case
The Gujarat High Court has firmly rejected the discharge applications filed by two maulvis accused of converting 100 Hindus from 37 tribal families to Islam through allurement in Amot taluka of Narmada district. This case, which dates back to 2006, has drawn significant attention under the Gujarat Freedom of Religion Act.
Details of the Court's Decision
Justice Gita Gopi dismissed the pleas from Sarfaraz alias Javid Khuji alias Javid Mufti Salim Hasan Yusuf Ibrahim Khilji and Ramiz Raja alias Owaish Abdul Gani Abdul Rahim Khilji. These individuals were booked in 2021 under Section 4 of the Gujarat Freedom of Religion Act and Sections 120(B), 153(b)(1)(c), and 506(2) of the Indian Penal Code, as per the third chargesheet filed by police authorities.
Arguments Presented by the Defense
The advocates for the two clerics argued that, as maulvis, it is their religious duty to preach Islam, and therefore, no case should be drawn against them for performing such acts. They emphasized that this falls under their fundamental rights to practice and propagate religion freely.
Government's Opposition and Evidence
The government strongly opposed the discharge applications, asserting that a larger conspiracy behind illegal conversions was uncovered by the police. It was submitted that Sarfaraz had previously been involved in converting many innocent villagers to Islam. Evidence included meetings with other accused and witnesses, where namaz was performed, and lectures on Islam were delivered by Sarfaraz and a co-accused, Haji Abdul Fhefadawala.
Statements from Complainants and Witnesses
Reliance was placed on statements from complainant Pravin Vasawa and other converted individuals, who revealed that the maulvis and others frequently visited their village. They provided clothes, medicines, and cash amounts as allurement to embrace Islam. Additionally, education was offered in Amod village specifically for conversion purposes.
Allegations included promises of material benefits such as air coolers, water coolers, hand carts, and chattai/chaadar for offering namaz, which were used to lure the tribal families.
Court's Final Ruling
After thorough hearing, the High Court upheld the trial court's decision to reject the discharge applications. The court stated, "Having considered the evidence against the present applicants in the form of statements of the witnesses and the provisions of the Gujarat Freedom of Religion Act, 2006, no case of any discharge has been found on the material and statements perused by this court. There is evidence of meetings conducted by the applicant, which were for religious conversion."
This ruling reinforces the legal stance against conversions through allurement under state law, highlighting the importance of evidence in such sensitive cases.
