The Gujarat High Court has stayed the investigation against a pastor's family accused of converting a Hindu woman to Christianity through allurement and force. The order was passed because charges under the Gujarat Freedom of Religion Act were invoked by the police without obtaining the mandatory sanction from the competent authority.
Background of the Case
In May 2025, a 27-year-old widow accused the pastor's son of raping her on the false promise of marriage. The woman had allegedly been in a relationship with him for six months. The First Information Report (FIR) was filed at Mandvi police station in Surat district, and the police filed a chargesheet against the doctor in July 2025.
However, in December 2025, the police filed another report in court accusing the pastor's family of illegally converting the complainant to Christianity. The police added charges under the anti-conversion law — Sections 4(1), 4(2)(a)(b), 4(c)(1) of the Gujarat Freedom of Religion Act, 2003, read with Sections 5 and 6 of the Gujarat Freedom of Religion (Amendment) Act, 2021 — against the doctor's parents, his two sisters, and two other close relatives.
Legal Challenge
The family filed a quashing petition through advocate Utkarsh Dave, contending that under Section 6 of the Act, a complaint can be filed only after obtaining prior sanction from an authority not below the rank of sub-divisional magistrate (SDM). The advocate brought to the court's notice that the investigator submitted an application to the district magistrate on April 23, 2026, three days after the High Court adjourned hearing on the quashing petition till April 27.
On April 27, Justice M R Mengdey noted, "The fact remains the same that till date there is no sanction granted by the district magistrate under Section 6 of the Gujarat Freedom of Religion (Amendment) Act, 2021." The High Court issued notice to the authorities concerned, seeking their replies by August 20, and stayed the probe against the family until then.
The police had rushed to obtain sanction nearly five months after invoking charges under the anti-conversion law, following the family's approach to the High Court seeking quashing of the complaint. The complainant had stated that the doctor told her he would marry only a Christian, after which she began participating in religious rituals and was eventually converted to Christianity.
