1 Sep 2023 4:50 PM GMT
The Supreme Court on Friday issued notice on a plea by the chairperson of Broadwell Christian Hospital Society in Uttar Pradesh’s Fatehpur and others accused in a forceful religious conversion case. The Court also granted petitioners protection from any coercive action in the interim.
A bench of Chief Justice DY Chandrachud and JB Pardiwala was hearing their petition challenging a July 2023 order of the Allahabad High Court refusing to quash the proceedings in three new first information reports (FIR) filed against them by the state police in this case. Earlier this year, the top court granted the petitioners protection with respect to the first FIR.
Senior Advocate CU Singh, appearing for the petitioners, sought a stay on further investigation with respect to the three subsequent FIRs, alleging an ‘appalling’ abuse of the criminal justice process. He told the court today –
Chief Justice Chandrachud asked at this juncture, “The three subsequent FIRs…Are they against the same people who are petitioners here?”
The senior counsel replied, “Three subsequent FIRs have been filed against the same people, relating to the same incident, on the same date. Nine months after the first FIR was lodged, within seven minutes of each other, two of them are lodged.”
Agreeing to hear the plea and grant interim protection to the petitioners, the chief justice said, “No coercive steps with respect to these FIRs too. Liberty to serve standing counsel. We are granting you protection qua all four FIRs.”
Singh attempted to explain the reason for seeking a quashing of the proceedings. “Why we are asking for this is…”
Chief Justice Chandrachud interjected. “Serve them, and let them come. Today we are issuing notice and staying this. We are granting you protection.”
Background
This controversy is over a series of complaints filed by right-wing groups under the Uttar Pradesh's anti-conversion law against the petitioners alleging mass conversion. On the strength of these complaints, the Uttar Pradesh police has registered multiple FIRs against the petitioners, which includes Broadwell Christian Hospital Society chairperson Mathew Samuel, under various sections of the Indian Penal Code, 1860 as well the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
The incident that led to the police complaints took place in April of last year. Ahead of Easter celebrations, a group of Vishwa Hindu Parishad and Bajrang Dal members reportedly disrupted a congregation gathered to celebrate Maundy Thursday at the Evangelical Church of India in Hariharganj, Fatehpur. The Hindu right-wing groups have alleged that close to 90 Hindus were being forcefully converted to Christianity over a period of 40 days with the help of the workers of the 114-year-old Broadwell Christian Hospital. This led to the arrest of several people, including prominent members of Fatehpur’s Christian community. Reports suggest that the Evangelical Church of India also filed a complaint in the state minorities’ commission after this incident, alleging that a mob entered the church with weapons, desecrated the Bible, and forced the congregation members to chant religious slogans.
Earlier this year, Samuel and the other petitioners sought the Supreme Court’s protection, denying all allegations of mass conversion, after the Allahabad High Court refused to quash an FIR lodged against them. In March, a Supreme Court bench led by Chief Justice DY Chandrachud issued notice and ordered that no coercive action would be taken against them pending further directions.
Now, the petitioners have approached the Supreme Court again, with a plea to quash the proceedings with respect to three subsequent FIRs filed against them by the Uttar Pradesh police over the same incident.
Case Details
Mathew Samuel & Ors. v. State of Uttar Pradesh & Ors. | Special Leave Petition (Criminal) No. 10187 of 2023