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Four people are granted bail by the Allahabad High Court after they are charged with creating false Halal certifications and hurting religious feelings.

Case Title: Muhammed Tahir Zakir Chauhan and others versus State Of U.P. Trhu. Its Prin. Secy. Govt. Of U.P. Lko.

Case No: CRIMINAL MISC. BAIL APPLICATION No 3340 of 2024

Decided on: 14th May , 2024

Quorum: The Hon’ble JUSTICE Pankaj Bhatia

Facts of the case

A public-spirited individual filed a formal complaint (Case Crime No. 332 of 2023) claiming that some organizations including the trust connected to the applicants were certifying a variety of products as Halal. According to the FIR, the issuance of these certificates without the required authorization was harming religious emotions, changing the dynamics of the market, and decreasing product sales. The certificates were allegedly being fraudulently issued, not according to criteria, and intended to upset the equilibrium of the market. The applicants’ trust was accused of aiming to incite conflict between communities and of using financial profits for illegal purposes. After being called as witnesses at first, the applicants were taken into custody, which prompted the filing of bail requests. Allegations were made in the case against a trust that was represented by the applicants as well as other organizations for issuing “Halal certificates” without the required legal authority. It was alleged that these certificates would upset religious feelings, disturb the balance of the market, and maybe result in unapproved financial gains. It was alleged that some entities, including a trust that the applicants represented, were issuing “Halal certificates” without the required authorization. The issuing of these certificates was allegedly upsetting religious feelings, disrupting the balance of the market, and possibly resulting in unapproved financial benefits.

Issues

1. Whether Issuance of “Halal certificates” without proper authorization or legal basis?

2. Whether Possibility of economic and market equilibrium instability said to have affected communal relations and religious attitude?

3. Were the applicants issuing Halal certificates without the required license in violation of the law?

4. Did the applicants’ conduct impact the free market economy and have any financial repercussions?

5. Did the candidates have any prior criminal history?

6. Were the applicants given bail subject to any restrictions?

Legal Provisions

The Indian Penal Code (IPC) was referenced in the FIR/Case Crime along with sections 120-B, 153-A, 298, 384, 420, 467, 468, 471, and 504.

 Appellant’s Contentions

The petitioners stated that they were responding to a notice by collaborating and offering information. They said they had no criminal history and that they would abide by the requirement to hold off on issuing any certifications until the government gave the go-ahead under Section 91 of the Cr.P.C. The petitioners had no criminal history and were not engaged in any illegal activity. They were prepared to abide by the law and refrain from issuing any Halal certificates without the required approval. – The applicants’ trust was not accredited to grant these kinds of certifications.

Respondent’s Contentions

The State contended that private enterprises’ unlawful issue of “Halal certificates” was impinging on sovereign functions and negatively impacting the economy. It was alleged that the certificates were being used to sow discord among communities and divert money intended for legitimate purposes. By granting certificates, the trust was infringing on sovereign functions. Lacking in power. The unapproved issuance of certificates for Halal was disrupting market equilibrium and damaging the economy. The applicants’ activities, according to the State, had serious economic repercussions.

Court Analysis and Judgement

Based on the co-accused’s receipt of temporary protection from the Supreme Court in a connected case, the court granted bail to the petitioners. – The applicants were released on bond subject to certain requirements, such as adhering to other bail requirements and refraining from issuing any certifications without the required authority. The court took into account the co-accused’s temporary protection, without going into the details of the accusations. – The applicants were given bail with the understanding that no certificates would be issued until the Central or State Government gave their approval. – A number of requirements were placed on them, including as giving up passports and abstaining from similar crimes. – The petitioners were ordered to be released on bail after the bail application was approved [T2]. The case at hand encompassed intricate matters concerning the unapproved granting of Halal certifications and the possible financial ramifications. The judgment of the court to provide bail under strict guidelines strikes a compromise between the petitioners’ rights and the accusations until additional legal action.

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Judgement Analysis Written by – K.Immey Grace

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