New Delhi, July 10: The Supreme Court on Thursday stayed
further criminal proceedings against a man accused of pressuring a family in Madhya Pradesh to convert to Islam.
A bench of Justice Manoj Misra and Justice Shree Chandrashekhar issued notice on the man's petition challenging a Madhya Pradesh High Court order that had refused to quash an FIR registered against him. The apex court directed that all further proceedings in the case remain stayed until further orders.
According to the prosecution, a woman had filed an
FIR with Madhya Pradesh police alleging that her husband, who had converted to Islam, was pressurising her and her son to convert to Islam. Mother and her minor son refused to convert and approached the police for help. The case reached the Supreme Court after the accused, Hemraj Tailor, filed a Special Leave Petition challenging the Madhya Pradesh High Court's refusal to quash the criminal case registered against him.
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"Issue notice, returnable in six weeks... In the meantime, further proceedings arising from the case... shall remain stayed," the court said in its order.
The case relates to an FIR registered under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act and Section 506 of the Indian Penal Code (criminal intimidation).
During the hearing, the petitioner's counsel argued that the FIR was lodged eight years after the complainant's husband had converted to Islam, raising questions over the delay in filing the complaint. The counsel also told the court that the petitioner and his family profess the Hindu faith.
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According to the FIR, the complainant's husband converted to Islam eight years ago, allegedly on the petitioner's advice. The complainant further alleged that she had been pressured to convert to Islam for the past one-and-a-half years and claimed that the petitioner had, on one occasion, suggested that she embrace the religion.
Before the Madhya Pradesh High Court, the petitioner argued that there was no evidence linking him to the alleged offence and sought quashing of the FIR. However, the state opposed the plea, citing statements recorded during the investigation, including that of the complainant's minor son, which allegedly implicated the petitioner.
The High Court had held that there was prima facie material connecting the petitioner to the alleged offence and refused to quash the FIR. The Supreme Court has now sought the response of the Madhya Pradesh government and listed the matter for further hearing after six weeks.