Introduction:

The Allahabad High Court recently granted bail to Islamic scholar Mufti Qazi Jahangir Alam Qasmi, who was arrested by the Uttar Pradesh Anti-Terrorist Squad in June 2021 on charges related to alleged involvement in a mass religious conversion racket. The bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava-I provided relief to Qasmi, noting similar bails granted to co-accused in the case and highlighting the Supreme Court’s bail orders for two individuals involved in similar roles. Qasmi filed an appeal under Section 21(4) of the National Investigation Agency Act, challenging the rejection of his bail application by the Special Judge (NIA/ATS), Lucknow, in October 2023.

Parties’ Arguments:

Qasmi, booked under several sections including IPC and the U.P. Prohibition of Unlawful Conversion of Religion Act, moved the High Court challenging the rejection of his second bail application. The NIA Court had denied bail, emphasizing that no one has the right to conduct illegal activities to humiliate or create hatred among followers of different religions, considering it contrary to the Indian Constitution.

The defense argued based on the principle of parity, citing the grant of bail to co-accused, but claimed that the lower court didn’t adequately consider this aspect, neglecting previous High Court and Supreme Court orders.

Court’s Judgement:

The Allahabad High Court allowed the criminal appeal, granting bail to Qasmi with certain conditions. The court emphasized that Qasmi must not contact witnesses or victims or influence them, seek permission before leaving the country, and regularly report to the Investigation Officer of ATS, Lucknow. The decision rested on the grounds of parity, highlighting discrepancies in the lower court’s consideration of earlier orders and the subsequent grant of bail to co-accused.