Giving bail to a Muslim cleric accused of converting a mentally challenged minor boy, the Supreme Court on Monday criticised the reluctance of trial courts and high courts to exercise their discretionary power to grant bail.
“Trial courts seldom muster the courage of granting bail, be it any offence. However, at least, it was expected of the high court to muster the courage and exercise its discretion judiciously,” a bench of Justices JB Pardiwala and R Mahadevan said.
The top court was hearing a petition by Maulvi Syed Shad Kazmi alias Mohd Shad, challenging the Allahabad HC’s order refusing him bail.
In custody for 11 months now, he was earlier denied bail by a trial court as well.
As per the prosecution, Kazmi alias Mohd Shad allegedly forcibly kept a mentally challenged minor boy at a madrasa and converted him into a Muslim.
He was booked under the relevant sections of the IPC and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
In his petition, Kazmi claimed that the child was abandoned by his parents on the streets and that he had given him shelter on humanitarian grounds.
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