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Allahabad High Court says ADM overstepped in deciding conversion case, kept involving police

The petitioner converted before marrying a Hindu woman from an upper-caste family. He challenged the ADM’s rejection order before the High Court in October 2024

Allahabad High Court-conversionThe man challenged the ADM’s rejection order before the Allahabad High Court in October 2024.

The Allahabad High Court has criticised an Additional District Magistrate (ADM), Prayagraj, for rejecting a man’s application seeking official approval for his conversion from Islam to Hinduism and ordering police inquiries instead.

The petitioner, an assistant professor, converted before marrying a Hindu woman from an upper-caste family. The woman works as a lecturer in Ballia. The man challenged the ADM’s rejection order before the High Court in October 2024.

A case was also filed against the man on a complaint by the woman’s father, accusing him of allegedly luring the woman for marriage, on charges of outraging religious feeling, forging documents for conversion, and violation of sections of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.

A division bench of Justices Ajit Kumar and Indrajeet Shukla held the hearing in-chamber on May 5, interacting with the couple in detail about their marriage and man’s conversion.

The court observed that the ADM had gone into the question of the FIR lodged in the matter and proceeded to ask the police to submit reports.

“We have noticed that the Additional District Magistrate… got influenced more by the contents of the FIR and the chargesheet submitted by the police in presuming, or otherwise assuming, that there was illegal conversion,” it observed.

“We do not appreciate this act and conduct of the ADM for the reason that the ADM, [who] had nothing to do with the criminal investigation… forced the police to again and again submit a report…,” the court observed.

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“… This amounts to exercising a power not vested with the ADM under the [Prohibition of Unlawful Conversion] Act. The ADM had nothing to do with the other charges levelled in the FIR, regarding the woman being lured or otherwise enticed away or unduly influenced for the purpose of marriage,” the court observed.

During its previous hearing, the court had directed the petitioner to file a personal affidavit stating that he will practise Sanatan customs and rituals throughout his life and has no intention of converting back to his previous religion or force his wife to change hers.

The petitioner’s case

The petitioner’s lawyer argued that all legal requirements under the UP Prohibition of Unlawful Conversion of Religion Act had been fulfilled. A declaration regarding the conversion was submitted to the District Magistrate in January 2022, and the conversion took place in March that year. A priest had also confirmed conducting the conversion rituals.

The petitioner’s counsel also submitted that the ADM got two inquiries conducted by the police and both reports stated that the conversion took place voluntarily without any undue influence or pressure.

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The counsel further submitted that an FIR was lodged on a complaint by the woman’s father and a chargesheet was submitted.

He said the ADM got yet another inquiry conducted in July 2024, which mentioned the FIR and chargesheet. The counsel said the ADM accepted this report and rejected the petitioner’s application on the ground that he had misled and enticed the woman into marriage.

In its order, the court stated that since it is a sensitive matter, “it is appropriate… for the ADM to pass a fresh order, taking a pragmatic view of the matter…”

The ADM is directed to pass the order afresh within three weeks, by May 26, the HC order stated.

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Listing the hearing next for May 27, the bench stated, “While we keep this petition pending to await a decision of the ADM in the matter, we are putting the order dated August 9, 2024, in abeyance to abide by the fresh order to be passed by the Additional District Magistrate, Prayagraj. The petitioner is at liberty to live his married life with dignity, and police shall not [interfere].”

Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More

 

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