In a significant development in the ongoing case regarding the alleged mass conversion racket, the Supreme Court of India has called upon the Uttar Pradesh Police to provide precise details of the role played by Maulana Kaleem Siddiqui, a prominent Islamic scholar, in the controversial case. The bench, consisting of Justices Aniruddha Bose and Sanjay Kumar, took this step while hearing an appeal filed by the State of Uttar Pradesh against the Allahabad High Court’s decision to grant bail to Maulana Siddiqui. This decision came almost eighteen months after his initial arrest in connection with the alleged conversion syndicate operating in the state.
Before adjourning the hearing until September 5, the bench instructed UP Additional Advocate General Garima Prashad to furnish a tabular statement outlining the specific allegations against Maulana Siddiqui and the evidence that the high court had considered before granting him bail.
Justice Kumar emphasized the need for specificity, urging the UP government to align the tabular statement with the corresponding paragraphs in its counter-affidavit. He commented, “Your counter is so voluminous and general. It makes omnibus allegations against several people. We are only concerned with this particular gentleman.”
The UP Police has accused Maulana Kaleem Siddiqui of being a central figure in a nationwide network with the objective of waging war against the Indian Constitution and replacing it with Sharia law. Additional Advocate General Garima Prashad argued that the high court had erred in relying solely on the bail granted to a co-accused while granting Maulana Siddiqui’s release. She underscored the gravity of the allegations against Maulana Siddiqui, which included an attempt to overthrow the Constitution of India and replace it with Sharia law.
Justice Bose inquired, “You are saying he was receiving international funds and converting hearing and speech-impaired people?” Prashad responded, revealing that the investigation had uncovered a network of individuals across the nation working toward the goal of replacing India’s constitution with Sharia law.
However, Justice Bose pointed out that religious conversions, per se, were not illegal in India, stating, “Conversion per se is permissible.” Prashad concurred, highlighting that the Indian Constitution guarantees the right to religious conversion but objected to conversions achieved through coercion or financial incentives.
Senior Advocate Kapil Sibal, representing Maulana Siddiqui, challenged the assertions made by the Uttar Pradesh government, questioning their accuracy. He pointed out that the statements under Section 161 of the Code of Criminal Procedure did not support the government’s claims.
In conclusion, Justice Bose noted the need to address the possibility of imposing a bail condition requiring an accused to share their location with the investigating agency at all times. This issue has arisen in similar cases recently.
Background
Maulana Kaleem Siddiqui, a renowned Islamic scholar from Phulat, Uttar Pradesh, was arrested by the Anti-Terrorist Squad of Uttar Pradesh Police in September 2021 on charges of converting people to Islam. Several other individuals, including scholars Mohammad Umar Gautam and Mufti Qazi Jahangir Qasmi, were also arrested in connection with this case under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021.
In April of the current year, the Allahabad High Court granted bail to Maulana Siddiqui. The Uttar Pradesh government subsequently approached the Supreme Court to challenge this verdict. Maulana Siddiqui’s arrest had previously sparked criticism from Muslim community leaders, who argued that propagating one’s religion is a constitutional right and that conversion itself is not a crime. Maulana Siddiqui is a respected Islamic scholar in western Uttar Pradesh and serves as the chairman of the Global Peace Center, overseeing the Jamia Imam Waliullah Trust.
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