SC grants SHUATS VC, others interim protection from arrest in religious conversion case

New Delhi, Dec 19 (PTI) The Supreme Court on Tuesday granted Rajendra Bihari Lal, the vice-chancellor of Uttar Pradesh’s Sam Higginbottom University of Agriculture, Technology, and Sciences (SHUATS), and some other officials of the institution interim protection from arrest in a case of alleged illegal religious conversion, rape and immoral trafficking.

The FIR against them was lodged by a woman, a former contractual employee of the university, on November 4, 2023 in Hamirpur district of Uttar Pradesh.

A vacation bench of Justice Aniruddha Bose and Justice K V Vishwanathan stayed the Allahabad High Court order asking them to surrender, and issued notice to the Uttar Pradesh government on a plea filed by the vice-chancellor.

“There shall be a stay of operation of the impugned judgment and order dated December 11, 2023 passed by the High Court of Judicature at Allahabad till January 12, 2024 or until further order, whichever is earlier. Until that date, there shall also be an interim order protecting the petitioners from arrest in connection with FIR registered with Bewar Police Station, District Hamirpur, Uttar Pradesh.

“List before the appropriate Bench on January 3, 2024 subject to the directions of the Hon’ble Chief Justice of India in this regard,” the bench said.

As the hearing commenced, senior advocate Siddharth Dave, appearing for the petitioners, said the Allahabad High Court order asking them to surrender took away the petitioners’ right to seek anticipatory bail.

“The high court direction requires me to surrender tomorrow and then apply for regular bail. My right of anticipatory bail is gone,” he said.

The top court then stayed the high court order.

The high court, in its December 11 order, said, “Since the petitioners are accused of a heinous offence, we direct that they should surrender before the majesty of the Court on or before December 20, 2023, and apply for regular bail. The bail application of the accused petitioners shall be heard and decided by the court concerned thoroughly on merits as expeditiously as possible unaffected by any of the observations.”

While passing the order, the high court observed, “No God or true church or temple or mosque would approve such type of malpractices”.

“If someone on his own has chosen to get himself converted to a different religion is totally another aspect of the issue. In the instant case, prevailing upon a tender mind of a young girl providing gifts, clothing and other physical amenities and then asking her to get her baptised is an unpardonable sin,” the high court had said.

The woman had accused them of sexual exploitation and religious conversion after offering her a job at the university.

Lal and other accused contended before the high court that the FIR was driven by malafide as the woman had been sacked.

While refusing to quash the FIR, the high court had said the allegations levelled by the woman were “extremely serious and horrifying” as the accused exploited her financial position to lure her into conversion. The allegations of sexual exploitation levelled against them in the FIR are abhorrent, the court said.

The high court directed the Hamirpur superintendent of police to personally supervise the probe being conducted by three offiials of circle officer rank with utmost transparency.

It had directed the SP to ensure objective investigation of the case within 90 days and submit a report before a magistrate.