Archbishop gets anticipatory bail in MP ‘conversion’ case, HC says complaint not by aggrieved person

A single bench of judge Vishal Dhagat, in his order passed on June 19, stated, “Police officer shall not inquire or investigate a complaint under Section 3 of MP Freedom of Religion Act, 2021 unless the said complaint is written by a person aggrieved, who has been converted or attempt has been made for his conversion, or by the person who are parents or siblings, or with leave of the Court by any person who is related by blood, marriage or adoption, guardianship or custodianship, as may be applicable.”

The court said that in the present case, the complaint has been lodged by an individual who conducted an inspection, and “no complaint has been made by the person converted or the person aggrieved or against whom an attempt was made for conversion or by their relatives or blood relatives”.

“In the absence of such a written complaint, police do not have any jurisdiction to inquire or investigate into offence committed under Section 3 of Act of 2021,” the court said.

The HC, while granting bail, also directed Asha Kiran Institute to ensure that religious education shall not be provided to orphans or children admitted therein.

“The state government to see that religious education is not imparted in shelter homes to children but they are imparted modern education, as laid down in Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2015. As per Section 53, the state is free to take action in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015 against Asha Kiran Care Institute if there is a violation of Section 53 and sectarian education is provided to children.”

The lawyers for the petitioners had argued that the police had committed an error in registering an FIR and investigating the case. They had also argued that “if children are found with Bible or were making prayer in church, same cannot be said to be religious conversion”.

Appearing for the State, the Additional Advocate General opposed the prayer for grant of anticipatory bail, submitting that “this is a case of mass conversion as more than two children in child care home are forced to read Bible, visit church and offer prayer forcefully, therefore, offence is serious in nature”.

Alameda is the Archbishop of the Roman Catholic Church, Diocese of Jabalpur and District Katni. Joseph is a sister at the Asha Kiran Institute.

Lawyers for the two told the court that the institute was established in 2005 in Katni district by the Roman Catholic Church, while its infrastructure, building and space were provided by the Railways.

Kanoongo had visited the institute on May 29 and carried out an inspection of the premises. He had alleged that “Hindu children were being forced to read the Bible, visit the church and do Christian prayer”. He also alleged they were “not allowed to celebrate Diwali”.