Supreme Court raps Allahabad high court over denial of bail in conversion case

New Delhi: The Supreme Court on Monday granted bail to Kanpur-based cleric Syed Shah Kazmi, alias Mohammad Shad, accused of illegally converting a mentally challenged minor.

A two-judge bench, led by Justice J.B. Pardiwala, remarked that illegal conversion is not as severe an offence as murder, rape, or dacoity, where bail might be denied.

The court expressed surprise at the denial of bail by both the trial court and the high court. Justice Pardiwala noted, “Seminars are held annually to guide trial court judges on bail discretion, yet some decisions seem arbitrary.”

The cleric had been in custody for 11 months. His counsel argued for his release, while Additional Advocate General Garima Prasad, representing the Uttar Pradesh government, emphasized the seriousness of the case.

The charges against the cleric include sections 504 and 506 of the Indian Penal Code and provisions of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021, which carry a maximum sentence of 10 years.

The bench rejected the state’s argument, stating that the trial court would evaluate the evidence and determine sentencing if necessary. The court concluded that keeping the petitioner in custody was unwarranted at this stage, granting him bail.