Allahabad High Court Dismisses Pastor's Plea, Orders Probe into 'Fraud on Constitution' Over Religious Status

Allahabad, U.P. – The Allahabad High Court has dismissed a plea by a pastor, Jitendra Sahani, to quash criminal proceedings against him for allegedly promoting religious enmity. In a significant move, the court went beyond the immediate case to address the "fraud on the Constitution" being committed by individuals who convert to Christianity but continue to claim Scheduled Caste (SC) status for reservation benefits.

The single-judge bench of Justice Praveen Kumar Giri not only refused to interfere with the charges against Sahani but also issued sweeping directives to state and central authorities to investigate and prevent such fraudulent claims.

Background of the Case

Jitendra Sahani had approached the High Court seeking to quash a charge sheet and summoning order against him under Sections 153-A (promoting enmity between different groups) and 295-A (deliberate acts to outrage religious feelings) of the Indian Penal Code.

The case originated from an FIR lodged in Maharajganj district, alleging that Sahani was conducting prayer meetings where he insulted Hindu deities and used allurements to persuade people, particularly from poor backgrounds, to convert to Christianity.

Key Arguments

• Applicant's Counsel: Sahani's lawyers, Patsy David and Vandana Henry, argued that he had initially obtained permission from the Sub Divisional Magistrate (SDM) to preach on his own land. They contended that the witnesses examined during the investigation did not support the allegations made in the FIR, making the entire proceeding an abuse of the legal process.

• State's Counsel: The Additional Government Advocate, Pankaj Tripathi, countered that the SDM had withdrawn the permission after it was found that Sahani was holding large gatherings in a public place, creating a law and order situation. The prosecution relied heavily on the statement of a witness, Lakshman Vishwakarma, who alleged that Sahani, a former Hindu, had become a Christian priest and was "using filthy, abusive and absurd language about hindu deities."

Crucially, the state counsel highlighted a major contradiction: while the witness claimed Sahani was a Christian priest, Sahani had declared his religion as "Hindu" in the affidavit filed before the High Court.

Court's Ruling on the Quashing Plea

Justice Giri dismissed the application to quash the proceedings, affirming the settled legal principle that the High Court cannot conduct a mini-trial under its inherent powers (Section 482 Cr.P.C.). The court noted that the credibility and veracity of witness statements are matters to be tested during the trial. However, it granted Sahani the liberty to file a discharge application before the trial court.

A Deeper Inquiry: 'Fraud on the Constitution'

The court took serious exception to the applicant's conflicting religious identity. This discrepancy prompted a detailed examination of the constitutional and legal framework governing Scheduled Caste status upon religious conversion.

The judgment extensively cited the Constitution (Scheduled Caste) Order, 1950 , which explicitly states that "no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be member of a Scheduled Caste."

Reinforcing this principle, the court referred to several landmark Supreme Court judgments, most notably C. Selvarani v. Special Secretary-cum- District Collector (2024) . In that case, the Apex Court held:

> “...the conferment of Scheduled caste communal status to the appellant, who is a Christian by religion, but claims to be still embracing Hinduism only for the purpose of availing reservation in employment, would go against the very object of reservation and would amount to fraud on the Constitution.”

The High Court observed that upon conversion to a faith like Christianity, which does not recognize the caste system, the basis for SC classification is nullified.

Sweeping Directives Issued

Based on these findings, the court issued a series of powerful directives:

• Investigation Ordered: The District Magistrate of Maharajganj has been directed to inquire into Jitendra Sahani's religious status within three months and take strict action for forgery if he is found guilty of filing a false affidavit.
• Action by Top Officials: The Cabinet Secretary (Government of India) and the Chief Secretary (Government of U.P.), along with secretaries of the Minorities Welfare and Social Welfare departments, have been instructed to address the issue of individuals retaining SC/ST/OBC status post-conversion.
• State-Wide Mandate: All District Magistrates in Uttar Pradesh are directed to act in accordance with the law to prevent such "fraud on the Constitution" from occurring in the future.

The court's decision, while rooted in a specific criminal case, has opened the door for a state-wide review of caste certificates and reservation benefits, signaling a crackdown on fraudulent claims made post-religious conversion.