Supreme Court Grants Bail To Key Accused Abdullah Umar In Mass Religious Conversion Case, Imposes Stringent Conditions
The Supreme Court today granted bail to Abdullah Umar, a key accused in a mass religious conversion case from Uttar Pradesh and imposed certain stringent bail conditions. Abdullah along with his father Maulana Mohammed Umar Gautam are accused of promoting enmity between different religious groups and disturbing India's sovereignty and integrity by influencing non-Muslims to convert and embrace Islam. It was alleged that they were running an organization named Islamic Dawah Centre (IDC) for the said purpose of conversion.
The Bench of Justice Aniruddha Bose and Justice C.T. Ravikumar noted in the order that "The Applicant assails the legality of the Judgement of the Allahabad High Court rejecting his plea for bail. The Applicant was sent in custody on the allegations of committing offences under Sections 417, 120B, 153A, 153B, 295A, 298, 121A, 123 of the IPC and certain provisions of the Uttar Pradesh Prohibition of Unlawful Conversion Act 2021."
The Bench further observed that "The main allegation against the applicant is that he has received money from various sources outside the country and has utilized the same funds for illegal conversion." Noting that Abdullah Umar was taken into custody on November 6, 2021, on the basis of the FIR lodged on June 28, 2021, the Court said that "This being the position, and having regard to the fact that charges have been framed, we do not think that the appellant is required to be kept in detention pending trial."
Senior Advocate Sanjay R Hegde along with Advocate-on-Record Pranjal Kishore appeared for the Applicant while the State of Uttar Pradesh was represented by the Additional Advocate General Garima Prashad.
It was submitted by Senior Advocate Hedge that the accused is a 20-year-old student who was wrongly arrayed as an accused. It was submitted that there was no evidence which directly connects the applicant to paying money to anyone for the purpose of religious conversion. It was also submitted that the whole allegation is that he paid money to someone who had already converted 4 years ago. "During covid, I gave them some Rs. 6,000, that's all. A young boy has been kept in prison continually. It is as unfair as it can be." submitted Hedge.
On the other hand, AAG Garima Prashad contended that Abdullah Amar was 26 years old and had 6 bank accounts which he had been operating. She submitted that for the purpose of conversion, there was a huge inflow of sterling pounds and US dollars. Prashad also told the Court that Amar had accepted that he had no source of funds and had no explanation for the huge amount of money being received. "When his account got seized. he started influencing his friends and started operating from his friends' accounts. Their objective is to wage a war against the country, they want the entire constitution of the Country to go and the Sharia Law to come", submitted the AAG.
She added that this case came to the highlight when it was found that the students of Deaf and Dumb School, namely, NOIDA Deaf Society, have been converted in an unlawful manner. "Only 17 people have been arrested till now and the investigation is still in process. If he will get released at this stage there is no way we will be able to persuade them further as they are influential people", submitted the AAG.
Considering the submissions and noting that the chargesheet had been filed before the Trial Court, the Bench observed that it would serve no purpose to keep the applicant in jail during the pendency of the Trial. Further, the Bench imposed numerous conditions on the applicant. It was noted in the order that "To address the apprehension of the state which was articulated before us by, we direct that once the appellant is released on bail, he shall be subjected to the following conditions: (A) He shall not leave the National Capital Territory of Delhi without obtaining permission from the Special Court, NIA Lucknow. (B) While being enlarged on bail he shall keep his mobile open and his live location shall be kept on round the clock and paired with the mobile of investigating officer. (C) He shall not use any mobile phone apart from one whose number is shared with the Investigating Officer."
The Court also directed that these conditions shall be in addition to any other conditions that the Special Court may impose. They also directed the applicant to not enter the State of U.P. except for the reason of attending the Court and investigating agency if asked to do so and accordingly enlarged the applicant on bail.
Background: Abdullah Umar completed his graduation from Amity University, Noida, qualified CAT – 2020 and secured admission for Masters in the Indra Prastha University, Delhi for M.B.A. The Allahabad High Court while refusing to grant bail had observed that "Thus, it cannot be said that the applicant-appellant is an innocent, but he was on the other hand conspiring with his father alongwith co-accused persons to achieve the aim and object of Islamic Dawah Center (IDC) and about Rs.79.11 lakhs10 was credited in the Bank accounts of the appellant from different sources including foreign countries which reflects that he was also carrying-on anti-national activities with the help of anti-social elements for achieving nefarious design which would weaken the social fabric of the country and developed and spread hatredness amongst the people of different religions which would disturb the public tranquility and public order."
Cause Title: Abdullah Umar v. The State Of Uttar Pradesh [SLP(Crl) No. 003372 - / 2023]
