On February 8, the Supreme Court asked the Uttar Pradesh Anti Terrorism Squad if Irfan Shaikh, who had been detained on suspicion of forcibly converting people to Islam, should remain in detention. 

Shaikh, a Central Government employee, is accused of violating the UP Prohibition of Unlawful Conversion of Religion Act and conspiring to wage war against India (Section 121A IPC). 

Given that the UP ATS has had custody of him for more than a year, a bench made up of Justices Aniruddha Bose and Sudhanshu Dhulia inquired if it was necessary to keep it that way. After the Allahabad High Court denied Shiakh bail, he went to the Supreme Court.

Appearing for the accused, Senior Advocate Nitya Ramakrishnan submitted, “It’s not that conversion is banned. The UP law does not apply here. That person who has converted was inclined towards Islam on his own accord. Their statements are there. The marriage happened in Delhi. They willingly converted. I was only an interpreter.”

In his appearance on behalf of the State before the court, Additional Solicitor General KM Nataraj stated that the trial had already started and would be over as soon as possible.“This issue has serious impact across the state. By misusing his position of a government servant, he used the sign language to allure innocent people. Foreign funds have also been received. There is an entire syndicate", he added.

Natraj showed the supplementary charge sheet to the bench and submitted, “the trial has begun. Your lordships can order to conclude it in 3 or 6 months. This has a serious impact on the society. This has an impact on the secular fabric of our country. This is a syndicate. He has converted 450 people. Foreign funds is involved. He is the interpreter. He gets involved with deaf and dumb people.”

ASG asked for two weeks to answer. As a result, the matter was postponed until February 2022. 

According to the chargesheet, UP police A.T.S. received information that some anti-national/anti-social elements and religious organisations had engaged in forcing people to convert to Islam by receiving funding from foreign nations for this purpose, at the behest of the ISI and foreign organisations. 

Umar Gautam was detained during the inquiry on suspicion of leading a conversion network. It was claimed that Irfan Shaikh (appellant), who was employed as an interpreter by the Sign Language Training and Research Centre in New Delhi, was a key member of this organisation. 

Shaikh was accused of violating Sections 120B, 121A, 123, 153A, 153B, 295A, 298, 417 I.P.C., and Section 3/5/8 U.P. Prohibition of Unlawful Conversion of Religion Ordinance, (Act).

Case Details: IRFAN KHAN @ IRFAN SHAIKH vs. THE STATE OF UTTAR PRADESH. 
Citation: SLP(Crl) No. 008576 - / 2022