Gujarat: Sessions court rejects bail in illegal foreign-funded religious conversion case in Kheda in Nadiad, read what the judgment says

On 20 December, the Kheda Sessions Court in Nadiad, presided over by Justice Mukeshkumar Jayantilal Brahmbhatt, rejected a bail plea filed by Steven Bhanubhai Mekwan and Smitul Philipbhai Mahida in a religious conversion case that was reported in September this year.

The court held that a prima facie case of serious offences under the Gujarat Freedom of Religion Act and the Bharatiya Nyaya Sanhita (BNS) was made out. The court observed that releasing the accused at this stage could adversely affect the investigation and the safety of vulnerable witnesses. Both accused are currently lodged in Sub Jail, Bilodara.

Case details as recorded by the court

The case was registered in September this year at Nadiad West Police Station. The FIR in the matter was registered on the complaint of Akash Patel. In his complaint, Patel said he came across religious conversion activities being carried out by members of an organisation known as Restoration Revival Foundation. He added that these activities went beyond ordinary religious preaching and amounted to an attempt to induce people to convert to Christianity.

According to the FIR, when the complainant reached the spot after receiving information about a religious programme being conducted, he found that sermons were being delivered promising miracles, divine grace, improvement in personal life and salvation. These assurances were being used as inducements to persuade Hindus to adopt Christianity. He further stated in the complaint that when he questioned the activities, the accused persons attempted to induce him as well to change his religion.

Based on the complaint, the police initially registered a case under Sections 3(1) and 3(2) of the Gujarat Freedom of Religion Act. Later, Sections 4(C) and 5(3) of the Gujarat Freedom of Religion Act and Sections 54, 79(2), 3(4)(9) and 238(B) were also added to the FIR.

During the investigation, police found that the programme in question was attended by 59 people who had come from outside the district, and some were even from outside the State of Gujarat. The attendees claimed they had come to attend a seminar under the banner of the organisation being run by the accused. According to the investigating officer, nine of the attendees were minors. These minors were subsequently placed in a child protection home.

The police further found that one of the minor girls belonged to a Scheduled Tribe community and that her baptism ceremony was performed at the site in a water tank prepared for the purpose. The baptism, according to the findings of the police, was carried out without the consent of her father. Statements of the minor girl and her father were recorded, and caste related documents were submitted to support the allegation.

Furthermore, the police also relied on digital evidence recovered from mobile phones and other electronic devices seized during the investigation. The material suggested that similar religious conversion activities had been carried out prior to the registration of the FIR, in at least six batches. The police said that a majority of the persons who attended these activities belonged to tribal communities within Gujarat.

The police further found that the accused travelled across various districts of Gujarat and other states to conduct similar activities, which were part of the organisation’s efforts to carry out religious conversions by inducement and temptation.

According to the police, Steven is the President of the Restoration Revival Foundation and Smitul, who is a close relative, was responsible for managing the financial affairs of the organisation. During the investigation, police found that they raised funds worth Rs 15 crore. It was stated that evidence relating to financial transactions, foreign links and involvement of other organisations had been collected and formed part of the charge sheet.

Several persons linked to the nexus are absconding. Some of the absconding accused possess foreign passports. The prosecution informed the court that the accused were not fully cooperating with the investigation and were not disclosing complete details about the persons involved in their conversion nexus.

Arguments advanced by the defence

Counsel for the accused claimed that the complainant had no locus to file the complaint under the conversion law and claimed that only the person whose conversion had taken place could initiate such proceedings. The defence further contended that neither the FIR nor the statements recorded during the investigation disclosed any use of force, inducement or temptation by the accused.

The defence maintained that the activities carried out by the accused amounted to lawful religious preaching and prayer, protected under constitutional guarantees. It was also argued that the Restoration Revival Foundation is a registered trust with audited accounts, filings before the Charity Commissioner and regular income tax returns, and that allegations of illegal fund raising were baseless.

Prosecution’s opposition to bail

The prosecution, however, opposed the bail application and stated that the accused were the main conspirators in an organised religious conversion operation targeting minors and socially vulnerable groups. It was argued that the complainant himself was a victim, as inducement was allegedly offered to him.

The State further submitted that statements of minors and digital evidence clearly pointed to inducement-based conversions. The prosecution said that if the accused are released, it could lead to intimidation of witnesses, many of whom are minors or belong to SC and ST communities. Furthermore, it could jeopardise efforts to trace and arrest the absconding accused.

Observations of the sessions court

In the judgment, the court observed that a prima facie case of serious offences was made out based on the charge sheet, police papers and the affidavit of the investigating officer. It held that the filing of the charge sheet did not dilute the gravity of the allegations.

The judge noted the seriousness of the allegations, the involvement of minors, the alleged targeting of backward communities, the existence of absconding accused and the possibility of witness intimidation and evidence tampering.

Judgment

The court held that the offence constituted a social evil affecting vulnerable sections of society. The court further noted that if the accused are released, it could adversely impact the trial and the ongoing investigation. Hence, the court rejected the bail application filed by Steven Bhanubhai Mekwan and Smitul Philipbhai Mahida.

Speaking to the Indian Express, Public Prosecutor Dhaval Barot said, “We brought to the notice of the court that the FSL had retrieved some deleted data from the devices and a total of one lakh names have been recovered; it is a matter of probe as the accused were mostly motivated by the funds they were getting for completing large-scale conversions more than the religious reasons.”

We have opposed the bail as they can influence witnesses and tamper with evidence… Moreover, the other accused involved in the racket are yet to be apprehende,” he added.