Allahabad High Court has ordered DMs across UP to investigate cases where converted individuals are allegedly using SC certificates. The Court warned that such misuse amounts to a “fraud on Constitution” and directed strict action.
The Allahabad High Court has recently issued strong directions to authorities across Uttar Pradesh after finding that some people who converted from Hinduism to other religions were still using Scheduled Caste (SC) or similar certificates.
The Court said that such actions amount to cheating the Constitution and must be checked immediately. The order came in the case Jitendra Sahani v. State of UP and another.
Justice Praveen Kumar Giri directed all District Magistrates (DMs) in Uttar Pradesh to look into such cases and inform the State government within four months, saying this will ensure
“so that such fraud on Constitution may not occur”.
The Court also said that the Union Cabinet Secretary and the Chief Secretary of the UP government should “look into the matter” involving Scheduled Castes, Scheduled Tribes and Other Backward Classes.
Further, the order said:
“Principal Secretary/Additional Chief Secretary, Minorities Welfare Department, Government of U.P. is also directed to look into the matter and take appropriate action or pass appropriate order giving direction to the authorities so that law may be executed in reality/true sense. Additional Chief Secretary, Social Welfare Department is also directed to act in accordance with law.”
These directions were passed after the Court found that the petitioner, who had converted from Hinduism to Christianity, had written his religion as “Hindu” in an affidavit before the Court.
Justice Giri pointed out that under the Constitution (Scheduled Caste) Order, 1950, a person who does not belong to the Hindu, Sikh or Buddhist faith cannot be treated as a Scheduled Caste.
The Court also referred to a recent judgment of the Supreme Court which held that claiming caste-based reservation benefits after conversion “amounts to a ‘fraud on the Constitution’”.
The High Court then noted that the Andhra Pradesh High Court had earlier observed that caste-based discrimination does not exist in Christianity, and therefore the reason for granting Scheduled Caste status ends once a person converts to the Christian faith.
After this, the Court ordered an inquiry into the petitioner’s religion.
It said:
“In view of aforesaid fact, District Magistrate, Maharajganj is directed to enquire into the matter regarding religion of the applicant, within three months and if he is found guilty of forgery, take strict action against him in accordance with law so that such affidavits may not be filed before this Court in future.”
At this stage, the Court also noted that it is not clear whether the petitioner actually took reservation benefits after his conversion.
Jitendra Sahani had approached the High Court asking it to cancel an FIR registered against him under Sections 153-A and 295-A of the Indian Penal Code. The FIR claimed that he tried to convert people to Christianity and used abusive words against Hindu gods.
His lawyers, however, told the Court that he had taken prior permission from the Sub-Divisional Magistrate, Maharajganj to preach about Jesus Christ on his own land by filing an application. This permission was later taken back.
The Court refused to cancel the FIR, saying that at this early stage it cannot conduct a full trial. The judge stated:
“It is always open to the applicant to move a discharge application before the trial court raising all his grievances including the plea that ingredients of Section 153A as well as Section 295A IPC are missing in the FIR as well as material collected during investigation, no case under aforesaid sections in made out against him.”
Advocates Vandana Henry and Patsy David appeared for the petitioner, while Additional Government Advocate Pankaj Tripathi represented the State.
Case Title:
Jitendra Sahani v. State of UP and another]
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