SC upholds interim bail for university vice-chancellor in alleged forced religious conversion case

In a significant ruling, India's Supreme Court on Monday dismissed an application filed by the State of Uttar Pradesh seeking to recall the interim bail granted to Dr Rajendra Bihari Lal, the Vice-Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS). The case relates to allegations of forced religious conversion.

The apex court not only confirmed the interim bail granted to Dr Lal on 4 March 2024 but also imposed a condition that he cooperate with the ongoing investigation. The bail order pertains to FIR No. 693 of 2023, registered at Police Station Naini, Prayagraj, on 31 December 2023.  

During the hearing, a bench headed by Chief Justice D.Y. Chandrachud questioned the delay by the Allahabad High Court in considering Dr Lal's bail application, stating, "Don't we have some concern about the personal liberty of the subject?"

The Supreme Court had earlier issued a notice to the Uttar Pradesh government on Dr Lal's bail plea and granted him interim bail on 4th March in connection with two FIRs lodged at police stations Nawabganj and Naini in Prayagraj.

Chief Justice Chandrachud confirmed the interim bail order, adding that Dr Lal must cooperate with the police in the pending investigation into one of the FIRs. The bench noted that the state (police) seemed to be taking an "extra interest" in this case while refusing to allow a separate plea from the state government to recall the 4th March order granting interim bail on the grounds of suppression of certain facts.

The court observed that Dr Lal was arrested on 31 December 2023, and his bail plea was not heard in the high court for a substantial period.

The cases against Dr Lal involve offences under Sections 307 (attempt to murder), 504 (intentional insult with an intent to provoke breach of peace), and 386 (extortion) of the Indian Penal Code. He was also booked under provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

In December 2023, two separate FIRs were registered: FIR No. 538 of 2023 and FIR No. 693 of 2023, dated 11th December and 31st December, respectively. FIR No. 538 pertained to offences under Sections 307, 504, and 386 of the Indian Penal Code and Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (conversion through unlawful means).  

Dr Lal was arrested in connection with FIR No. 693 of 2023 and was taken on remand in FIR No. 538 of 2023. On 4th March, the Supreme Court directed his release on bail concerning both FIRs, with the bail conditions to be determined by the Sessions Court and a bail bond not exceeding Rs 25,000.

Following the bail order, the State of Uttar Pradesh filed an application for recall, arguing against the grant of relief. However, the Supreme Court noted Dr Lal's prolonged custody since 31 December 2023 and the delay in the High Court's consideration of the bail application. Considering these factors, the Court confirmed its earlier bail order on 4 March 2024, with the condition that the petitioner cooperates with the Investigating Officer regarding FIR No. 693 of 2023.  

The bench, comprising Chief Justice Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, observed in its order: "Though the application for bail was filed before the High Court on 5 February 2024, it remained to be considered on merits, and the next date of listing by the High Court was 6 March 2024. It was in these circumstances that this Court, by its order dated 4 March 2024, was constrained to exercise its jurisdiction so as to protect the liberty of the petitioner."

The Uttar Pradesh Police had earlier told the Supreme Court that Dr Lal and other accused are the "main perpetrators" of a mass religious conversion programme involving foreign funds from about 20 countries. The police alleged that Dr Lal, among other accused, was a "notorious criminal" involved in 38 cases of various natures, including cheating and murder, across the state in the last two decades.

It was alleged in the police complaint that about 90 Hindus congregated at the Evangelical Church of India in Hariharganj, Fatehpur, for the purpose of their conversion to Christianity and were subjected to undue influence, coercion, fraud, and the promise of easy money.  

There are certain other FIRs against the SHUATS Vice-Chancellor and other University officials over allegations of mass religious conversion. The Supreme Court has granted them relief in certain cases.