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2009 Supreme(Ker) 1015

High Court of Kerala
THE HONOURABLE MR. JUSTICE K.T. SANKARAN
Shahan Sha & Another
Versus
State Of Kerala
Bail Appl..No. 5288 of 2009 & 5289 of 2009
Decided on : 09-12-2009

Advocates Appeared:For the Petitioners:K.S. Madhusoodanan, Advocate. For the Respondent: Public Prosecutor.

The judgment established the need to protect the rights of parents, the sanctity of educational institutions, and the prohibition of forcible or compulsive religious conversion.

Headnote:

Love Jihad - Anticipatory Bail - Sections 120-B, 295-A, 377 read with Section 34 of the Indian Penal Code - The court discussed the concept of 'Love Jihad' and its alleged involvement in religious conversions. It emphasized the right to freedom of religion under Article 25 of the Constitution of India and the prohibition of forcible or compulsive conversion. The court also highlighted the need to protect the rights of parents and the sanctity of educational institutions in the context of religious propagation.

Fact of the Case:

The accused persons filed Bail Applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The offences alleged against them were under Sections 120-B, 295-A, and 377 read with Section 34 of the Indian Penal Code. The case involved allegations of 'Love Jihad' and forced religious conversions.

Finding of the Court:

The court dismissed the Bail Applications, emphasizing the need to protect the rights of parents, the sanctity of educational institutions, and the prohibition of forcible or compulsive religious conversion.

Issues: The issues involved allegations of 'Love Jihad', forced religious conversions, and the rights of parents in the context of inter-religious marriages.

Ratio Decidendi: The court emphasized the right to freedom of religion under Article 25 of the Constitution of India, the prohibition of forcible or compulsive conversion, and the need to protect the sanctity of educational institutions.

Final Decision: The Bail Applications were dismissed, and the court highlighted the need to protect the rights of parents and the sanctity of educational institutions in the context of religious propagation.

Judgment :

When these Bail Applications came up for hearing on 29th September 2009, the following order was passed:

"These Bail Applications are filed by Shahan Sha and Sirajudeen, the accused persons in Crime Nos.1102 of 2009 of Tripunithura Hill Palace Police Station and Crime No.451 of 2009 of Peroorkada Police Station, for anticipatory bail under Section 438 of the Code of Criminal Procedure. The offences alleged against them are under Sections 120-B, 295-A and 377 read with Section 34 of the Indian Penal Code.

2. In this order, the names of the victim girls are not disclosed. No person, including the media, should disclose their names. For the sake of convenience, I would refer to the victim girls as the "Hindu girl" and the "Christian girl".

3. It would appear that the Hindu girl fell in love with Shahan Sha, the first petitioner in these Bail Applications. Shahan Sha is a Muslim. The victim girls were studying for MBA Course. They are friends. Shahan Sha was their senior student in the college. At one point of time, he was expelled from the college. It would appear that the relationship between the Hindu girl and Shahan Sha started as a result of a telephone call. The intimacy developed. From the inception onwards, it is alleged that Shahan Sha spoke ill about Hindu religion and its tenets, beliefs and traditions. The Hindu girl was taken to Shahan Sha's house. She was taught the custom of the Muslim community, the mode of prayers and what should be done by a person in the normal life as a Muslim. Shahan Sha's mother was there in the house and she co-operated with Shahan Sha. Shahan Sha was constantly compelling the girl to convert to Islam. She was in utter confusion. It is alleged that Shahan Sha stated to the girl that unless she converted into Islam immediately, their relationship would come to an end. At last, she agreed.

4. In the meanwhile, Shahan Sha and the Hindu girl had contact with one Shaji, who was running a DTP Centre. Shahan Sha and the girl used to go there for taking copies of documents. It is alleged that Shaji used to speak ill about Hindu and Christian religions. The Hindu girl and the Christian girl used to go to the shop of Shaji. The girls were also told that their respective religion is not good and the only way to attain salvation is to embrace Islam.

5. Without the knowledge of the Christian girl, the Hindu girl was once taken to Ponnani by Shahan Sha. They stayed in a room. It would appear that Shahan Sha made some sexual advances towards her. However, it did not culminate in sexual intercourse.

6. The pressure mounted on the two girls to convert to Islam. They were directed to meet a person in a mosque. He also pressurized them to immediately convert to Islam. The girls were directed to come out of their house. Planning was made and the girls were instructed to comply with the directions given by Shahan Sha and his associates.

7. Accordingly, at about 3 AM on 18.7.2009, the Hindu girl was ready to come out of her residence. After some time, one Yasin gave her a missed call, which was the indication to come out of the house. She came out of the house with the help of Yasin. She was taken in a Scorpio car. Two ladies wearing Pardah were there in the car. After the Hindu girl entered into the car, she was compelled to wear Pardah. She obeyed.

8. While travelling in the car, the compact discs of Popular Front, an alleged extremist organisation, was being played. They proceeded to Ernakulam.

9. The Christian girl also came out of her residence in the early hours in a similar manner. The persons who took the Christian girl met the Hindu girl at Ernakulam. The Hindu girl was taken to a house at Ernakulam in a different car. In that car, one Ali and Nishad, stated to be the activists of Popular Front, were travelling. The Christian girl was also brought to that house.

10. The girls were directed to contact their parents over mobile phone from a place different from the place where they were taken, in


















































































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