Christian granted bail as India’s Supreme Court orders judge’s controversial remarks to be removed

Praise God! India’s Supreme Court has granted believer Kailash bail after he was accused of allegedly conducting forced conversions. The Court has also ordered that harmful remarks made by Uttar Pradesh’s judge be removed from the record.

The Supreme Court of India has ordered that controversial remarks made by the Uttar Pradesh High Court be removed, which has surprised local Christians. The court has also granted bail to Kailash*, a Christian arrested in December 2023 for allegedly conducting forced conversions during a church service. 

Kailash, a believer from the Hamirpur district of Uttar Pradesh, was arrested while he was conducting a Sunday prayer service in his church. Police arrested him for being engaged in apparent forceful conversions, charging him for defying Sections 3 and 5 (1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. These sections prohibit religious conversions through coercion or other fraudulent means, as well as mandate those who wish to convert to another religion to inform their district magistrate about their decision 60 days before a conversion takes place.

Uttar Pradesh is currently one of 12 Indian states that criminalise religious conversions in various circumstances – but these laws are often used to target religious minorities, including Christians.

• What are India’s anti-conversion laws?

Judge: “Conversions should be immediately stopped”

Kailash was placed in judicial custody, and after his bail application was denied by the District Court, he appealed to the High Court of Uttar Pradesh. The hearing took place on 1 July 2024, presided over by Justice Rohit Ranjan Agarwal. 

This is where the judge made the controversial statement, saying that if illegal religious conversions are permitted, ‘the majority population in the country could eventually become a minority’, and further remarked that ‘such religious congregations, where conversions take place, should be immediately stopped to prevent the changing of citizens’ religion’.  

Understandably, this statement raised concerns among minority communities, including Christians, regarding its potential impact on future cases related to conversion. 

Court grants bail and revokes controversial statements

Following the High Court’s rejection of Kailash’s bail plea, he appealed to the Supreme Court of India. On 27 August 2024, the Supreme Court, led by Justice Dhananjaya Chandrachud and Justice Manoj Mishra, granted Kailash bail.

Kailash then filed a revision plea, citing the serious implications of the High Court’s remarks on minority faith actors. A month later, on 27 September, while upholding its earlier bail order, the Supreme Court issued another directive stating that the comments made by the High Court judge were ‘unnecessary’ and ‘inappropriate’ for the consideration of bail merits. 

The Supreme Court also ordered the removal of these remarks from the record, emphasising that they should not be cited in future cases by any counsel or court. 

“We thank God for this outcome”

This is an amazing answer to prayer. Vishnu Reddy*, an Open Doors local partner, says, “This is an important development. Though the Uttar Pradesh government has already passed the most stringent anti-conversion law, it is awaiting the Governor’s approval. In Uttar Pradesh and other northern states, numerous bail applications are currently under review. If the High Court’s remarks had remained on record, they could have served as a precedent for junior courts and single-bench high courts, making it exceedingly difficult for defendants to secure bail. The removal of this citation is a tremendous relief, and we thank God for this outcome.”

“We are grateful for divine intervention,” continues Reddy. “Let us continue to pray for more positive rulings that protect minorities’ rights.”

*Name changed for security reasons