The refusal of bail orders of a Central Government employee, Irfan Shaikh accused of waging war against India by converting people to Islam by misusing his official position were upheld by the Allahabad High Court.
The earlier Orders of the Special Judge, N.I.A./A.T.S./Additional District & Sessions Judge, delivered in October 2021, in Lucknow, denying bail to Shaikh were reinstalled by the Bench of Justice Ramesh Sinha and Justice Brij Raj Singh
"Considering the facts and circumstances of the case, particularly the fact that the Investigating Officer, after due investigation, has found cogent and clinching evidence against the appellant that with the connivance of co-accused Umar Gautam and others, appellant is involved in anti-national activities of conversation by misusing his official position while working in Sign Language Training and Research Centre, New Delhi as Interpreter, we do not find any good ground to grant bail to the appellant".
In the instant case against Shaikh, the UP police A.T.S. pursued few leads which revealed that some anti-national/anti-social elements and religious organizations, upon the directions of ISI and foreign organizations, have indulged in getting these conversions done. The people who agreed to these conversions received funds from foreign countries.
Following these leads and upon further interrogation, an FIR was registered regarding this alleged illegal conversion racket wherein, one Umar Gautams name got highlighted.
In the investigation, it was found that Gautam had created a gang for the aforesaid aim and object, and Irfan Shaikh (appellant), who was working as an Interpreter in Sign Language Training and Research Centre, New Delhi, was a vital link in the same.
In the said regard, a charge sheet was filed against Shaikh under Sections 120B, 121A, 123, 153A, 153B, 295A, 298, 417 I.P.C. 1860 and Section 3/5/8 Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, (Act) 2020.
He applied for bail, which was denied by the lower court, and therefore, he moved to the High Court in appeal under Section 21 (4) of the National Investigation Agency Act, 2008.
Advocates Furkan Pathan, Aarif Ali and O.P. Tiwari, appearing for Shaikh argued that he is was not a member of any association nor involved in any crime and that he was not named in the initial F.I.R. registered in the alleged illegal conversation racket. They further said that Shaikh had nothing to do with the co-accused Umar Gautam.
On the other hand, the State Government argued that Shaikh's involvement in the commission of the present crime was found during the investigation and it had come on the record that he had illegally converted deaf and dumb people from Hinduism to Islam, by telling them that being an employee of the Central Government, he is authorized by the Central Government for the said conversion.
Regarding the role of Shaikh, the Court came to an understanding that his role was an indispensable one in the many conversions caused as many of these were done to deaf and dumb persons by misrepresentation, etc. The Court noted that during the investigation, the Investigating Officer had found that many students studying in Noida Deaf Society were converted to the Muslim religion. The Court Opined that Shaikh had played a special role in persuading the deaf and dumb students in sign language. In view of this, the Court dismissed his appeal and upheld the order denying him bail.
Irfan Khan Vs. The State of Up via ATS
