Supreme Court questions locus of NCPCR in Madhya Pradesh Freedom of Religion Act case against archbishop, nun

The Madhya Pradesh (MP) government and the National Commission of Protection of Child Rights (NCPCR) have moved the Supreme Court challenging the grant of anticipatory bail to an archbishop and a nun booked for the religious conversion of children in a shelter home. [State of Madhya Pradesh vs Jerald Alameda and anr].A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra today refused to stay the bail order passed by the Madhya Pradesh High Court. The bench also declined to stay the observations in the order, although it issued notice in the appeals."We issue notice to be served on respondents. The area where High Court seems to have missed the issue is the non-consideration of Section 75 (of the Juvenile Justice Act, providing for punishment for cruelty to children). List after 2 weeks. We cannot stay the anticipatory bail and we cannot stay the observations", the Court said..The hearing today also saw the bench question whether the NCPCR could have filed the case against the archbishop and nun under the Madhya Pradesh Freedom of Religion Act."Section 4 of the MP Freedom of Religion Act says the complaint has to be by the person who was converted. Where did NCPCR get the locus? The MP Act is very clear - complaint by them (person converted), his parents, his siblings, blood relatives, etc. So, the Act is very clear," CJI Chandrachud stated..The Court added that the State government can still file an independent complaint under the Juvenile Justice Act in connection with the alleged imparting of religious education in the shelter home.Additional Advocate General Ankita Chaudhary appeared for the Madhya Pradesh government.She submitted that the chargesheet had been filed and the accused were granted bail despite their absconding..In June this year, the Madhya Pradesh High Court order that had granted anticipatory bail to a Jabalpur archbishop and a convent sister in a religious conversion case filed against them.The High Court had noted that such a complaint can be registered only by a person who is related by blood, marriage or adoption, guardianship, or custodianship and not by the NCPCR, as was the case here. Archbishop Jerald Alameda, 77, and sister Lily Joseph had been arrested in the case, after a complaint by NCPCR chairperson, Priyank Kanoongo following a visit to a hostel in Katni, where a Bible was found in the possession of students..Advocate Swarupama Chaturvedi appeared for NCPCR before the top court.