SC temporarily stays criminal proceedings against Christian priest from Gujarat in conversion case

New Delhi: The Supreme Court has granted a temporary stay on the criminal proceedings against a Catholic priest in Gujarat. The priest is accused of forcefully converting a child from an interfaith couple in 2012, under the Gujarat Freedom of Religion Act of 2003. This stay will remain in effect until the next scheduled hearing.

The bench, consisting of Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra, heard the plea of the pastor. They raised the point that “The child’s mother is a Christian, who has a baptism certificate. The father is a Hindu. In 2012, the baptism of the child took place. In 2014, there was a fall-out between the parents, and the father complained before the police superintendent, making the allegations which have now been made by a third party, a complete stranger…”

Chief Justice Chandrachud inquired about the case’s merits, asking the counsel, “What is your point on merits?”

The petitioner, a Catholic parish priest, challenged the Gujarat High Court’s decision to not dismiss a FIR filed by the state police against him for baptizing a child in 2012. The petitioner argues that during the baptism, the parents had marital issues, divorced four years earlier, and the child was raised in a Christian household with both parents consenting to the baptism.

The FIR was lodged in 2020 based on a complaint by a third party, alleging forced religious conversion of the child without the district magistrate’s permission.

After hearing Advocate Ketaki Jha, representing the petitioner, the bench decided to issue a notice and temporarily suspended the ongoing criminal proceedings against the petitioner-priest accused of forceful religious conversion. The order stated, “Counsel appearing on behalf of the petitioner submitted that on the face of the FIR, the provisions of Sections 3 and 4 of the Gujarat Freedom of Religion Act 2003 are not attracted, there being no conversion. The submission is that the mother of the child was originally a Christian and the petitioner who was a parish priest had baptised the child. Issue notice, returnable in three weeks. Liberty to serve the standing counsel for the State of Gujarat, in addition. Till the next date of listing, there shall be a stay of further proceedings arising from the FIR” DeshGujarat