The Supreme Court in the case Charles v. State of Gujarat & Anr observed and has issued the temporary stay on August 25, 2023 on the criminal proceedings initiated against the Catholic parish priest in Gujarat for baptising a child at the request of the child’s Christian mother, who is estranged from her Hindu husband.
The priest in the case was being accused of forceful religious conversion under the Gujarat Freedom of Religion Act of 2003. Thus, the temporary stay will operate till the next date of hearing.
The bench comprising of Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hear the plea challenging the refusal of the Gujarat High Court to quash a first information report, FIR lodged against him by the State Police.
It has been argued by the counsel, Advocate Ketki Jha appearing for the petitioner that the section 3 and section 4 of the Gujarat Freedom of Religion Act were not made out against him.
It has been stated by her in the case that the child mother being a Cristian, who has a baptism certificate. The father of the child is a Hindu. The baptism of the child took place in 2012 and there was a fall out between the parents in 2014 and the father complained before the police superintendent, making the allegations which have now been made by a third party, a complete stranger.
The bench headed by Chief Justice Chandrachud asked the counsel that what being your point on merits.
Adding to which, Advocate Ketki Jha replied that there being no conversation as far the act is concerned because the child was brought up in a Christian family, and he attended church regularly with his mother.
The counsel appearing for the petitioner submitted before the court that on the face of the FIR, the provisions stated under section 3 and section 4 of the Gujarat Freedom of Religion Act 2003 are not attracted, there being no conversion.
The submissions made before the court is that the mother of the child was originally a Christian and the petitioner who was a parish priest had baptised the child.
Further, the court in the case observed and has issued the notice which is returnable in three weeks. Liberty to serve the standing counsel for the State of Gujarat, in addition. Thus, till the next date of listing, there shall be a stay of further proceedings arising from the FIR.
