It was also argued that during the investigation, the Investigating Officer (IO) concluded that no illegal conversion of religion has ever been done by the applicant. (File Photo)
Stating that it is wrong for any religion to claim that it is the only true religion, the Allahabad High Court has dismissed the plea of a Christian priest challenging a chargesheet filed against him, accusing him of outraging religious feelings deliberately.
The FIR, lodged at the Muhammadabad police station of UP’s Mau district in 2023, alleged that the priest, in his prayer meetings, frequently stated that there is only one religion, which is Christianity, which hurt religious feelings of Hindus.
A bench of Justice Saurabh Srivastava, while hearing the priest’s application on March 18, observed, “India is a land where people of all faiths and beliefs, in a secular state as defined by the Constitution of India, live together. Therefore, it is wrong for any religion to claim that it is the only true religion as it implies a disparagement of other faiths.”
The bench stated in its order that the opening line of the provision [IPC Section 295-A invoked against the priest] itself speaks about deliberate and malicious intent to outrage religious feelings of any class of citizen by insulting its religion or religious faith.
This means that the act of the applicant comes under the ambit of Section 295-A IPC and, at this stage, it cannot be said that prima facie, no case is made, the court said.
The priest had challenged the chargesheet filed against him under IPC 295-A in February 2024 and the local court taking cognisance of it in May same year.
His counsel argued that the priest has been falsely implicated in the present case only to harass him since no offence, as alleged, has ever been committed by him in the form of converting the religion of marginalised sections of society illegally as well as speaking against other religions.
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It was also argued that during the investigation, the Investigating Officer (IO) concluded that no illegal conversion of religion has ever been done by the applicant.
The counsel also argued that without conducting a fair investigation, the IO submitted a chargesheet against the applicant and the local court took cognizance, which is an abuse of the process of law. He sought that it be quashed.
However, the additional government advocate vehemently opposed the prayer and submitted that the contentions, which are sought to be raised on behalf of applicant, would relate to disputed questions of fact and would involve appreciation of evidence.
The bench of Justice Srivastava stated in the order, “At the stage of taking cognizance/summoning, the Magistrate is only required to record a prima facie opinion, based on the material on record, and is not expected to hold a mini trial or to examine the defence of the accused.”
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“In view of the aforesaid facts and circumstances, the present application being devoid of merit, is hereby dismissed,” the order stated .
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
