VADODARA: A local court in Vadodara on Friday rejected the bail application of the cleric who had sermonised an inter-faith marriage and had also allegedly performed religious conversion of a woman. A case filed in this regard was the first-of-its-kind offence to be registered under the amended Act, popularly referred to as the ‘love jihad’ law.
Cleric Sheikh Islamuddin, who was accused of religious conversion in violation of the Gujarat Freedom of Religion (Amendment) Act 2021, had been booked in June this year along with another accused, Sameer Qureshi. The accused had allegedly hidden his identity to entice the young woman whom he forced into marriage.
After his first bail plea filed before a charge sheet was filed in the case was turned down, the cleric applied for bail again earlier this week, after a charge sheet had been filed. His counsel H L Gupta had argued that Sheikh had only performed the rituals and had no active role in the offence.
The bail application also mentioned the recent high court order giving an interim stay on some provisions of the Act as one of the grounds. It also mentioned that three accused in the case, including Qureshi’s parents and his sister, had been granted bail earlier.
Rejecting the bail plea, the court of special judge (atrocity) S C Gandhi observed that it was evident that Sheikh had connived with Qureshi. It further observed that the accused was involved in putting pressure on the complainant in the case. It mentions that the accused had violated provisions of the Act and rules framed under it as he did not take necessary permissions for performing the rituals.
The court also observed that bails on grounds of parity could also not be considered as the parents and sister of Qureshi’s role was limited to arguing with the victim as she was not wearing a burkha. It stated that Sheikh’s role was serious in the offence.
Gupta, however, argued that the complainant had earlier furnished an affidavit favouring the accused. The affidavit was filed during the hearing of the bail application of Qureshi. He added that the the complainant and the accused had together filed a petition in the high court seeking quashing of the offence.
The additional public prosecutor (APP) A B Joshi, however, argued that the complainant had been issued a notice in connection with Sheikh’s bail application, but had not remained present. He argued that the affidavits contrary to the offences may have been filed under pressure.
The APP also highlighted that Sheikh was a resident of West Bengal and may not remain present during the trial and also he may threaten witnesses and aid the accused who were yet to be arrested.
The woman who had registered an offence at the Gotri police station, accused Qureshi of forcing her into a physical relationship before marriage and told the police that she was forced to undergo abortions whenever she became pregnant. She alleged that he blackmailed her into conceding to his demands using her intimate photographs. She also alleged of being harassed by Qureshi’s family.
Gupta said that the cleric will now approach the high court for bail.
