The Supreme Court of India has issued a stay on the criminal proceedings against a Hindu man accused of coercing a family in Madhya Pradesh to convert to Islam. This decision was made in the case titled Hemraj Tailor v. State of Madhya Pradesh and Another. Justices Manoj Misra and Shree Chandrashekhar presided over the matter and issued the stay while also serving a notice in response to a petition from Hemraj Tailor. Tailor is contesting a prior ruling by the Madhya Pradesh High Court, which declined to dismiss the charges against him.
“Notice, returnable in six weeks. In the meantime, further proceedings emanating from the case pending before Police Station Jeerapur, District Rajgarh, shall remain stayed,” the Supreme Court directed.
During the proceedings, Tailor’s legal representative argued that the First Information Report (FIR) was filed nearly eight years after the alleged conversion of the complainant’s husband to Islam. It was argued that Tailor and his family adhere to Hinduism, and supporting documents were submitted to the court.
The case originated from an FIR by the wife of a man who purportedly converted to Islam, influenced by Tailor. Post-conversion, the husband is accused of pressuring his wife and minor son to convert as well, allegedly at Tailor’s urging. The police charged Tailor under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act, 2021, which pertain to unlawful religious conversion, and under Sections 506 and 34 of the Indian Penal Code, which deal with criminal intimidation and common intention.
Following an investigation, a charge sheet was filed against Tailor, who subsequently sought relief from the Madhya Pradesh High Court to quash the proceedings. Tailor argued that there was insufficient evidence to demonstrate any attempt to convert the complainant or her son. Despite these arguments, the High Court refused to intervene, citing that the statements provided by the complainant and her son effectively implicated Tailor, presenting a prima facie case.
The High Court emphasized that the allegations were serious and required thorough examination in a trial court, determining that allowing the proceedings to continue did not constitute an abuse of legal process. Unsatisfied with this decision, Tailor escalated the matter to the Supreme Court.
Represented by Advocate Abdul Qadir Abbasi, Tailor successfully prompted the Supreme Court to issue a notice on his plea and to stay further criminal proceedings. The case now awaits further developments as the apex court examines the issues at hand.
