Without Written Complaint Of Aggrieved/Converted, Police Does Not Have Any Jurisdiction To Inquire Under M.P. Freedom of Religion Act, 2021

Without Written Complaint Of Aggrieved/Converted, Police Does Not Have Any Jurisdiction To Inquire Under M.P. Freedom of Religion Act, 2021

Recently, Hon’ble Madhya Pradesh High Court at Jabalpur allowed the Anticipatory bail application U/s 438 Cr.P.C. of the accused named under M.P. Freedom of Religion Act, 2021. The Hon’ble court held that “complaint has been lodged by an individual who conducted inspection. No complaint has been made by person converted or person aggrieved or against whom attempt is made for conversion or by their relatives or blood relatives. In absence of such written complaint, police does not have any jurisdiction to inquire or investigate into offence committed under Section 3 of Act of 2021”

BRIEF FACTS OF THE CASE

Asha Kiran Institute was established in year 2005 in District Katni by Roman Catholic Church. Infrastructure, building and space was provided by Railways. Management of institute is done as per statutory provisions. It is submitted that Section 54 of Juvenile Justice (Care and Protection of Children) Act, 2015 provides for inspection of Child Care institute through Inspection Committee comprised of not less than three members, of whom at least one should be woman and one Medical Officer. Inspection is to be done once in three months. Complainant Shri Prank Kanungo carried out inspection of Asha Kiran institute on 29.05.2023 in individual capacity. On basis of said inspection, FIR is registered against applicants under Section 7 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3 and 5 of M.P. Freedom of Religion Act, 2021. During inspection, it was found that Hindu children were forced to read Bible and visit church. Allegations are also made that children are not allowed to celebrate Diwali and forced to do christian prayer.

CONTENTION OF THE APPELLANT

It was contended that FIR cannot be registered by police on complaint of Shri Prank Kanungo. Section 4 of M.P. Freedom to Religion Act, 2021 provides that police officer shall not inquire or investigate a complaint unless written complaint is submitted by person converted or his parents or siblings or with the leave of the Court by any person who is related by blood, marriage or adoption, guardianship or custodianship to the person aggrieved. Police had committed an error in registering FIR and investigating the case. No offence has been committed by applicants under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015. If children are found with Bible or were making prayer in Church, same cannot be said to be religious conversion. In these circumstances, applicants be released on anticipatory bail.

CONTENTION OF THE OPP. PARTIES

It is submitted 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. It is submitted that on going through statement of children of Asha Kiran Institute, it is clear that attempt was made to convert the children. They were forced to read Bible and make prayers in Church, therefore, attempt to convert as defined in Section 3(1) (a) is made out and applicant No.1 and 2 are abeting offence and conspiring for conversion, therefore, their act is punishable under Section 5 of M.P. Freedom of Region Act. In these circumstances, application filed by applicants for grant of anticipatory bail be dismissed.

HON’BLE COURT’S OBSERVATIONS

Hon’ble Mr. Justice Vishal Dhaghat held that “it is for 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, State Government is free to take action in accordance with Juvenile Justice (Care and Protection of Children) Act, 2015 against Asha Kiran Care Institute if there is violation of Section 53 and sectarian education is provided to children.”

“Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 provides for punishment and sentence of three years only. Police Officer shall not inquire or investigate a compliant under Section 3 of M.P. Freedom of Religion Act, 2021 unless said complaint is a written complaint by a person aggrieved, who has been converted or attempt has been made for his conversion or by 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.”

In view of the above, Hon’ble court allowed the anticipatory bail application and directed the applicants to furnish a bail bond of Rs. 1,00,000/-

Case Title:-  Jerald Almeda & anr Vs. State of Madhya Pradesh

Case no. :-   MISC. CRIMINAL CASE No. 24589 of 2023

Order date :- 21.06.2023