The has rejected discharge applications filed by five accused persons, including two clerics, in a 2021 alleged forced religious conversion case registered in , holding that the material collected during investigation disclosed a prima facie case of organised conversion activity involving inducement, conspiracy, and financial assistance. The Court observed that at the discharge stage it cannot conduct a detailed evaluation of evidence and is required only to determine whether sufficient material exists to proceed to trial.
Justice dismissed the petitions challenging an order of the Additional Sessions Judge, Bharuch, which had earlier refused to discharge the accused from proceedings under the and other penal provisions.
Case Title
Yusuf Jivan Patel & Ors. v. State of Gujarat
(Discharge plea arising from 2021 FIR registered at Amod Police Station, Bharuch)
Background of the FIR
The case originates from a November 2021 FIR registered at alleging organised efforts to convert approximately 100 tribal persons belonging to 35 Hindu families over a prolonged period beginning around 2006.
The accused named in the discharge petitions included:
- Yusuf Jivan Patel
- Ayub Barkat Patel
- Ibrahim Puna Patel
- Yakub Ibrahim Shankar
- Rizwan Mehboob Patel
According to the prosecution, some of the accused were involved in delivering religious lectures, facilitating funding arrangements, and encouraging conversions through inducements including marriage and financial incentives.
Petitioners’ Arguments Before the High Court
The petitioners argued that they had been falsely implicated during investigation and were not originally named in the FIR. Their counsel submitted that:
- they were innocent persons added later during investigation
- no direct role was attributed to them in the complaint
- there was no material establishing coercion or illegal conversion
- allegations were based on unverified statements
They therefore sought discharge from the case before commencement of trial.
Prosecution Relies on Witness Statements and Funding Trail
Opposing the discharge applications, Assistant Public Prosecutor relied on statements of 21 witnesses recorded during investigation.
According to the prosecution:
- two clerics allegedly delivered lectures affecting religious sentiments
- certain accused allegedly provided financial assistance for conversion activities
- inducements in cash and kind were offered to members of Scheduled Castes and Scheduled Tribes communities
- conversions were allegedly facilitated through marriages
- foreign funds were received for religious activity linked to conversion
It was further alleged that fabricated documents including Aadhaar cards and electronic records were used during the process.
The prosecution also claimed that approximately ₹14 lakh was collected from overseas sources for construction of a prayer facility and distribution of financial incentives to encourage conversion.
High Court Observes Allegations Suggest Organised Conversion Scheme
After considering submissions and investigation material, the High Court observed that the record disclosed allegations of a structured effort to influence religious conversion across a village population.
The Court noted:
It is a case of large-scale conspiracy with a scheme of converting the whole of the village where a large population of SC and ST members are there and by alluring them by offering incentives in the form of cash and things.
The Court further recorded that statements of witnesses indicated involvement of multiple accused persons acting in coordination.
Scope of Court’s Power at Discharge Stage Clarified
Justice Gita Gopi emphasised that courts deciding discharge applications are not expected to conduct a detailed examination of evidence or determine its credibility. Instead, the limited inquiry is confined to assessing whether the prosecution has produced sufficient material to justify continuation of trial.
The Court observed:
The Court cannot run a mini-trial to find out the credibility of the evidence and statements collected by the investigating officers.
It therefore held that the material on record disclosed a prima facie case requiring adjudication through trial proceedings.
Offences Invoked in the Case
The FIR invoked provisions of:
- Sections 153A, 295A, and 120B
The prosecution also alleged that conversion activities were carried out without obtaining prior permission from the District Collector as required under the state legislation.
Court Refuses to Interfere With Trial Court Order
The High Court held that the Additional Sessions Judge had correctly evaluated the material placed on record and found no justification for discharge at the preliminary stage.
Rejecting the petitions, the Court observed that the evidence collected during investigation sufficiently connected the accused with alleged conversion activities and conspiracy allegations.
Accordingly, the Court declined to interfere with the trial court’s order and directed that proceedings continue in accordance with law.
Earlier Proceedings in the Case
The High Court had earlier, in December of the previous year, refused to quash the FIR against another accused, , also known as Fefdawala Haji. The Court noted that he had not cooperated with investigation despite visiting India multiple times before registration of the FIR.
These observations formed part of the broader judicial scrutiny surrounding allegations of organised conversion activities in the district.
Significance of the Ruling
The decision reiterates the settled principle that discharge at the pre-trial stage is permissible only where the prosecution case lacks foundational material. Where witness statements and documentary evidence disclose allegations requiring adjudication, courts ordinarily allow the matter to proceed to trial.
The ruling also underscores the judicial approach towards cases involving alleged violations of state anti-conversion laws, particularly where allegations include inducement, conspiracy, and financial assistance affecting vulnerable communities.
Join Legally Present’s WhatsApp Community for latest Legal Updates
