Allahabad High Court
Abdullah Umar vs State Of U.P. Thru. Prin. Secy. Home, ... on 16 December, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Reserved on 09.12.2022 Delivered on 16.12.2022 Court No. - 1 Case :- CRIMINAL APPEAL No. - 1739 of 2022 Appellant :- Abdullah Umar Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Appellant :- Prasoon Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
(1) The instant Criminal Appeal has been filed by the appellant-Abdullah Umar, under Section 21 (4) of the National Investigation Agency Act, 2008 [here-in-after referred to as ''Act of 2008'], challenging the order dated 28.01.2022 of refusal of bail to the appellant by the learned Special Judge, NIA/ATS/Additional District & Sessions Judge, Court No.3, Lucknow in Bail Application No. 9019 of 2021, Abdullah Umar Vs. State of U.P. (2) Brief facts of the case are that an F.I.R. was lodged as Case Crime No. 9/2021 on 20.06.2021 at 11.35 hours at Police Station ATS Gomti Nagar, District Lucknow for offences under Sections 420, 120-B, 153-A, 153-B, 295-A, 511 IPC and 3/5 U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 [here-in-after referred to as ''Act of 2021'] against Mohd. Umar Gautam, Mufti Qazi Jahangir Qasmi, Chairman of Islamic Dawah Centre (IDC) and unknown persons.
(3) The allegations in the present F.I.R. against the named accused, namely, Mohd. Umar Gautam, Mufti Qazi Jahangir Qasmi, Chairman of Islamic Dawah Centre (IDC) and unknown persons are that they were involved in promoting enmity between different groups of religion and disturbing the sovereignty and integrity of India by influencing the non-Muslim sects to convert and to embrace Islam. The co-accused Mohd. Umar Gautam procured the funds from different donors into his organization to achieve the said objective. It is further averred in the FIR that on the information received through FIR/Case Crime No. 473 of 2021 which was registered under Sections 419, 420, 506 IPC at Police Station Masuri, District Ghaziabad, it came into light that co-accused/Mohd.Umar Gautam, who is a converted Muslim, is involved in getting the people of another religion converted into Islam on large scale and about 1000 non-Muslims have been converted and married with Muslims. Further, it is stated that the co-accused Mohd. Umar Gautam and his associates are running an organization, namely, Islamic Dawah Centre (IDC) for the said purpose of conversion and huge fund is being provided to Islamic Dawah Centre (IDC) from different sources including foreign countries. It also came into picture that the students of Deaf and Dumb School, namely, NOIDA Deaf Society, have been converted in unlawful manner by practicing misrepresentation, allurement and fraudulent means. On enquiry, it was found that a Case Crime No. 247 of 2021 was registered under Section 364 IPC for kidnapping of one Aditya Gupta by his mother, who states that his son was forcibly converted and was taken to a place in southern part of India.
(4) During the investigation of the present case, it was found that the co-accused/Mohd. Umar Gautam had created a gang for the aforesaid aim and object and Irfan Shaikh @ Irfan Khan, who was working as an Interpreter in Sign Language Training and Research Centre, New Delhi, was a vital link of this syndicate as it transpires from FIR of Case Crime No. 9 of 2021 that the father of the appellant was involved in the incident which took place on 02.06.2021 at Hindu Temple "Devi Mandir Dasna" situated at Masoori, district Ghaziabad wherein it was alleged that two Muslim boys entered the temple with an intention to harm the priest "Guru Yati Narshinhanand Saraswati Ji" for which an FIR No.473 of 2021 was lodged against the father of the appellant on 03.06.2021 as has been referred to above.
(5) During the course of investigation, Sections 121-A, 123, 417, 298 IPC and Section 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 were added, while Sections 420 and 511 IPC were omitted by the Investigating Agency.
(6) After investigation, the ATS has submitted first charge charge-sheet on 13.08.2021 under Sections 120-B, 153-A, 153-B, 295-A, 417, 298 IPC and Sections 3, 5, 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against Salahuddin Jainuddin Sheikh, Mohd. Umar Gautam, Mufti Qazi Jahangir Qazmi, Mannu Yadav alias Abdul Mannan, Rahul Bhola alias Rahul Ahmad, Irfan Shaikh @ Irfan Khan, whereas second supplementary charge sheet was filed on 17.09.2021 under Sections 120-B read with Sections 153-A, 153-B, 295-A, 417, 298, 121-A and 123 IPC and Sections 3, 5, 8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 against the appellant, Salahuddin Jainuddin Sheikh, Mufti Qazi Jahangir Qazmi, and Irfan Shaikh @ Irfan Khan and in the said charge sheet, offences under Sections 121-A and 123 IPC have been added against the aforesaid accused.
(7) So far as the applicant/appellant is concerned, he was not named in the F.I.R., but during the course of investigation, the appellant's participation has come into light and he was arrested by the police on 07.11.2021. Further, it has come into light that he conspired with his father/co-accused/Mohd. Umar Gautam and other co-accused persons of the present case for the offences in question, hence a charge sheet was submitted against him being Charge Sheet No. 11D of 2021 on 31.01.2022 for offences under Sections 417, 120-B, 153-A, 153-B, 295-A, 298, 121-A, 123 I.P.C., and Sections 3/5/8 of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 in the Court and prosecution sanction was granted against the appellant and 16 other co-accused persons by the competent authority of the State and the Special Judge has taken cognizance of the offences.
(8) The appellant thereafter moved a bail application before the Special Court, NIA/ATS, Lucknow and the same was dismissed by the impugned order dated 28.01.2022 and being aggrieved by the same, the applicant has preferred the present Appeal under Section 21 (4) of Act of 2008.
(9) Pleadings have been exchanged between the parties.
(10) Heard Shri Prasoon Srivastava, learned Counsel for the appellant and Shri S.N. Tilhari, learned Additional Government Advocate for the State-respondent and perused the material brought on record.
(11) It has been vehemently argued by learned counsel for appellant that the applicant-appellant is not named in the F.I.R. and he was arrested by the police after five months after lodging of the present F.I.R. as his father was arrested by the police in the present case. In the said case, he started doing pairavi on behalf of his father to get him released from the jail and when the Investigating Agency came to know that the applicant is doing active pairavi in the said case for getting his father appropriate relief from the Court of Law, he was threatened by the Investigating Officer by saying "keep quiet and sit in the home, otherwise you will also get arrested", but the applicant did not pay any heed to the said threat of the Investigating Officer, hence he was arrested in the present case on false and frivolous allegations.
(12) The applicant/appellant is a meritorious student and after completing his graduation from Amity University, Noida, he has qualified CAT - 2020 and has secured admission for Masters in prestigious Indra Prastha University, Delhi for M.B.A., where he was selected on account of his excellent merit secured in the CAT. As he was arrested in the present case, the applicant could not attend his classes for the last seven months and also could not appear in the said examination, in spite of repeated calls from his Dean/Head of Department of University.
(13) It has been argued by learned Counsel for the applicant that there is no evidence to show that the appellant had indulged in any manner or any person of other religion to embrace Islam. He further submitted that as per the statement of the informant of the present case and the statement of witnesses, Rooma Roka who has established the Noida Deaf Society, Mohd. Ahmad, who used to work and reside at the building of Islamic Dawah Centre (IDC), New Delhi, Anshuman Tiwari, Dipansh Dubey, Shrishti Tiwari alias Zainab, Paresh Horede and Naveen Alias Naved Ahmad under Section 161 Cr.P.C. as also the statement of victim-Aditya Gupta recorded under Section 164 Cr.P.C. that the appellant had never exerted any undue influence, misrepresentation or allurement to the said persons for converting from other religions to embrace Islam. On the other hand, from the statement of witnesses, it transpires that they voluntarily have embraced Islam. Thus, it is argued that the appellant had fallen prey at the hands of Anti-Terrorism Squad (ATS) only because his father was found to be involved in unlawful conversion of non-Muslims to Islam. It was further submitted that nothing incriminating article has been recovered at the pointing out or from possession of the appellant.
(14) Learned Counsel for the appellant has further submitted that as per Section 8 of Act of 2021, all applications which have been made by the persons of other religions were prior to the enforcement of Act of 2021, hence no offence under Section 8 of Act of 2021 is made out against the appellant as the said Act came into force with effect from 27.11.2021 and all the incidents alleged against the appellants are prior to that, which is apparent from the record.
(15) Learned Counsel for the appellant further has relied upon various judgments of the Apex Court with respect to grant of bail and further, no offence, whatsoever, is disclosed against the appellant for the offences in question. Further, it is submitted that the appellant is in jail since 07.11.2021, hence he may be released on bail as the trial is not likely to conclude in the near future.
(16) Per contra, learned Additional Government Advocate, on the other hand, has vehemently opposed the prayer for bail and has submitted that the father of the appellant is running a syndicate alongwith other accused persons in the name of Islamic Dawah Centre (IDC) for the purpose of conversion of people of other religion into Islam and huge fund is being provided to Islamic Dawah Centre (IDC) from different sources including foreign countries. The father of the appellant had converted large number of non-Muslim persons to Islam and had got them married with Muslims and in this regard, he had referred to an FIR which has been registered as Case Crime No. 473 of 2021 on 03.06.2021 under Sections 419, 420, 295-A/505/506 IPC at Police Station Masuri, District Ghaziabad against one Vipul Vijay Vargiya and Kasif. He pointed out that the present F.I.R. was registered against the appellant alongwith two other co-accused and unknown persons on 20.06.2021 on the information received by the Anti-Terrorim Squad, U.P. that the anti-national/anti-social elements and religious organizations, on the direction of ISI and foreign organizations, are indulged in getting the people converted into Islam. They are getting funds from the foreign countries for this cause. They are targetting people by creating and promoting rumour about other religion by giving hatred speech, by insulting the religion and religious feelings of a class of citizens with deliberate and malicious intention. They are creating ill-will between different religious sections. To achieve their goal, they are converting and attempting to convert the citizens of one religion to other religion by practice of misrepresentation, force, undue influence, coercion, allurement and fraudulent means and by marriage. For this unlawful act, they are targetting the weaker sections of the Society, children, women and the people belonging to Scheduled Castes/Scheduled Tribes and their object and goal is to change the demography of country by converting the citizens from one religion to another religion and to disturb the peace and tranquility of society and to disturb the public order.
(17) It was pointed out by the learned Additional Government Counsel that the Anti-Terrorism Squad (ATS) has collected bank details in which the organization of the father of the appellant was receiving funds from foreign countries to propagate the aims and objects of the Organization for converting people of other religion into Islam for increasing the population of the country of Muslims and in this regard, the statements of witnesses, namely, Aditya Gupta, Mohit @ Moin, Dipanshu, Tushar, Navin @ Naved, Mohd. Shabba, accused Mannu Yadav and accused Rahul Bhola disclose and establish the fact of unlawful conversion. It was also found that there was no Bank Account in the name of Islamic Dawah Centre (IDC) as the same was being run by "Fatima Charitable Foundation" of the appellant, which was having an account in Kotak Mahindra Bank (Account No. 0711131345). The statement of Bank Account would show the credit of Rs.10,97,978/- and debit of Rs.9,48,338/- during 11th May, 2011 to 28th May, 2021. Further, the appellant and his father both have received huge amount in their respective personal Bank Accounts for running the activities of Islamic Dawah Centre (IDC). The Bank details of HSBC Bank Account No. 52191467001 of accused-Mohd. Umar Gautam would reveal that total fund of Rs.2.16 crore has been credited in this account by different sources including foreign countries. Further, the other Bank Accounts of accused-Abdullah Umar would show the credit of about Rs.79.11 lakhs from different sources including foreign countries.
(18) Thus, it has been argued that the applicant-appellant cannot be said to be an innocent person as he has actively participated in the activities of the Organization to achieve its goal.
(19) Learned Additional Government Advocate has further submitted that the trial is in progress and the appellant has also moved a discharge application which has been rejected and the charge is to be framed against the appellant and co-accused persons. He urged that if the appellant is released on bail there is every likelihood that he would further indulge in such activities which would endanger the national integration of the country.
(20) We have examined the submissions advanced by the learned Counsel for the parties, perused the impugned order and the material brought on record.
(21) Prima facie, it transpires from the record that the appellant is not named in the F.I.R. and during the course of investigation, the Anti-Terrorism Squad (ATS) has collected the cogent material against the appellant for conspiring with his father Mohd. Umar Gautam and other co-accused persons who are running a syndicate for propagating the cause of an Organization in the name of Islamic Dawah Centre (IDC) which welcomes people to embrace Islam. The appellant who was also associated with the said Organization has actively participated for the said cause for converting the citizens from one religion to another religion and to disturb the peace and tranquility of society and to disturb the public order.
(22) It has been found during the course of investigation that the father of the appellant/Mohd. Umar Gautam was an architect of the unlawful conversion of persons from another religion to Islam. The father of the appellant had organized the present crime to disturb the demography of country by various means and had created a syndicate where number of persons were involved to achieve the aim and object of Islamic Dawah Center (IDC) and Fatima Charitable Trust created by the father of the appellant was also created for oblique motive for unlawful conversion of people of different religions for which huge funds were being received by the father of the appellant alongwith with the appellant. It was also found that there was no Bank Account in the name of Islamic Dawah Centre (IDC) as the same was being run by "Fatima Charitable Foundation" of the appellant, which was having an account in Kotak Mahindra Bank (Account No. 0711131345). Further, the other Bank Accounts of accused-Mohd. Umar Gautam, i.e., Jamia Corporation Bank, Standard Chartered Bank, ICICI Bank and SBI Bank would also reveal the credit of Rs.9.54 lakhs.
(23) Thus, it cannot be said that the applicant-appellant is an innocent, but he was on the other hand conspiring with his father alongwith co-accused persons to achieve the aim and object of Islamic Dawah Center (IDC) and about Rs.79.11 lakhs was credited in the Bank accounts of the appellant from different sources including foreign countries which reflects that he was also carrying-on anti-national activities with the help of anti-social elements for achieving nefarious design which would weaken the social fabric of the country and developed and spread hatredness amongst the people of different religions which would disturb the public tranquility and public order. Considering the contention of the learned State Counsel that if the appellant is released on bail, there is every likelihood that he would again indulge in such activities, which would be prejudicial to the national integration of the country, also has substance, hence we do not find any good ground for enlarging the appellant on bail, which is accordingly refused.
(24) Accordingly, while affirming the impugned order dated 28.01.2022, the instant Criminal Appeal of the appellant-Abdullah Umar, involved in Case Crime No.9/2021, under Sections 417, 120B, 153-A, 153-B, 295-A, 298, 121-A, 123 I.P.C. and Section 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Ordinance, (Act), 2021, P.S. ATS U.P., District Lucknow, is dismissed.
(25) It is relevant to mention here that the bail of the co-accused person/Irfan Shaikh @ Irfan Khan has been earlier rejected by a Co-ordinate Bench of this Court in Criminal Appeal No. 38 of 2022 vide order dated 25.03.2022 and also of the co-accused persons, Rahul Bhola @ Rahul Ahmad in Criminal Appeal No. 2469 of 2022, Mohd. Umar Gautam in Criminal Appeal No. 1926 of 2022, Sallahuddin in Criminal Appeal No. 1925 of 2022 and Mohammad Salim in Criminal Appeal No. 2338 of 2022 have been rejected by this Court today under Section 21 (4) of 2008 of Act which are connected with the present appeal.
(26) Considering the facts and circumstances of the case, the Trial Court concerned is directed to proceed with the trial and conclude the same expeditiously, preferably, within one year from the date of receipt of a certified copy of this order.
(27) Learned counsel for the parties are directed to place a copy of the order before the Trial Court concerned for information and necessary compliance.
[Mrs. Saroj Yadav, J.] [Ramesh Sinha, J.] Order Date :- 16.12.2022 lakshman