The Madhya Pradesh High Court has held no complaint has been made by person converted or person aggrieved or against whom attempt is made for conversion or by their relatives or blood relatives. In absence of such written complaint, police does not have any jurisdiction to inquire or investigate into offence committed under Section 3 of Act of 2021, the court order said.
The court held in the present case, complaint has been lodged by an individual who conducted inspection.
With this the court granted anticipatory bail to Roman Catholic Church, Diocese Jabalpur and Katni Archbishop Jerald Alameda and Asha Kiran Institute Katni Sister Liji Joseph accused that during inspection complainant Prank Kanungo it was found that Hindu children were forced to read Bible and visit church. Allegations are also made that children are not allowed to celebrate Diwali and forced to do christian prayer, the court order of June 19, 2023 said.
This is first application filed by the applicants under Section 438 of the
Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.
461/2023, registered at Police Station-Madhavnagar, District Katni (MP) for the offence under Sections 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3 and 5 of M.P. Freedom of Religion Act, 2021, the court order said.
The Senior Counsel appearing for applicants submitted that applicants are innocent and falsely being implicated in the case. Applicant No. 1 is Arch Bishop of Roman Catholic Church, Diocese of Jabalpur and District Katni falls within his territorial jurisdiction. Applicant No. 2 is Sister of Convent. Asha Kiran Institute was established in year 2005 in District Katni by Roman Catholic Church. Infrastructure, building and space was provided by Railways, as per the court order.
It is submitted by the senior counsel for applicants that Section 54 of Juvenile Justice (Care and Protection of Children) Act, 2015 provides for inspection of Child Care institute through Inspection Committee comprised of not less than three members, of whom at least one should be woman and one Medical Officer. Inspection is to be done once in three months. It is submitted that contrary to the provisions of Act, complainant Shri Prank Kanungo carried out inspection of Asha Kiran institute on 29.05.2023 in individual capacity, the court order said.
On basis of said inspection, FIR is registered against applicants under Section 7 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3 and 5 of M.P. Freedom of Religion Act, 2021. During inspection, it was found that Hindu children were forced to read Bible and visit church. Allegations are also made that children are not allowed to celebrate Diwali and forced to do christian prayer. It is submitted that FIR cannot be registered by police on complaint of Shri Prank Kanungo, the applicants senior counsel said.
Section 4 of M.P. Freedom to Religion Act, 2021 provides that police officer
shall not inquire or investigate a complaint unless written complaint is submitted by person converted or his parents or siblings or with the leave of the Court by any person who is related by blood, marriage or adoption, guardianship or custodianship to the person aggrieved, the court order said.
The Additional Advocate General appearing for State opposed the
prayer for grant of anticipatory bail, the court order said.
