The Allahabad High Court has raised serious concern over what it called a “disturbing trend” of false first information reports (FIRs) being filed by third parties under the Uttar Pradesh anti-conversion law, 2021, according to Bar and Bench.
The observation came while the court was hearing a petition filed by three Muslim men challenging an FIR registered under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
FIR Based on Father’s Complaint
The case originated from a complaint filed by the father of an 18-year-old woman. He alleged that one of the accused had “enticed” his daughter and could force her into converting her religion and marrying him.
Based on the complaint, police registered an FIR under provisions of the anti-conversion law and sections of the Bharatiya Nyaya Sanhita.
However, the woman later gave a statement before a magistrate denying all allegations. She said she was in a consensual relationship with one of the accused and was neither forced to convert nor pressured into marriage.
She also expressed fear of harassment from certain groups, according to court records reported by Live Law.
High Court Notes “Peculiar Turn” in Investigation
A division bench of Justices Abdul Moin and Pramod Kumar Srivastava observed that the victim’s statement directly contradicted the FIR.
The court noted that despite this, the investigation continued under the anti-conversion law even after dropping rape-related allegations.
Calling it a “peculiar turn,” the bench said further investigation appeared unnecessary given the clear statement of the alleged victim.
The judges also remarked that the investigating process appeared to be influenced or under pressure, though they did not specify sources.
“False FIRs by Third Parties” Under Scrutiny
The court said the situation reflects a broader and repeated pattern.
“The statement of the victim vis-a-vis the allegations as levelled in the FIR gives rise to a disturbing trend which is being noticed time and again by courts pertaining to FIRs being lodged by third parties,” the bench observed.
It added that such complaints often lead to serious legal proceedings even when the alleged victim does not support the claims.
The court also referred to earlier Supreme Court observations in similar matters, reinforcing concerns over misuse of the law.
State Asked to Explain Action Taken
The bench directed the Uttar Pradesh government to file a personal affidavit through the Additional Chief Secretary (Home), explaining what steps are being taken to prevent misuse of the anti-conversion law.
The court also asked the official to appear personally if the affidavit is not filed, and to explain measures being taken to deal with “false and frivolous FIRs” that consume investigative resources.
Father Summoned Over FIR Allegations
In a strong direction, the court summoned the complainant (the woman’s father) to explain why action should not be taken against him for filing what the bench described as a “patently false, fake and frivolous FIR.”
The judges also stayed the arrest of the petitioners and directed that security be provided to all parties involved, including the woman and her family, citing safety concerns.
