Halal certificate case: HC grants bail to four accused - Hindustan Times
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Halal certificate case: HC grants bail to four accused

May 20, 2024 10:56 PM IST

The court said that considering the submissions made and without going into the merits of the arguments, in view of the interim protection granted to co-accused by the Supreme Court, it allowed the bail applications.

LUCKNOW: The Lucknow bench of the Allahabad high court granted bail to four accused for allegedly issuing unauthorised ‘Halal’ certificates for various products.

Lucknow High Court (Sourced)
Lucknow High Court (Sourced)

Justice Pankaj Bhatia passed this order on May 14 on the bail pleas filed by accused - Muhammed Tahir Zakir Chauhan, Mohammed Anwar Muhammed Ali Khan, Maulana Habib Yusuf Patel, and Muddassir Mohammed Iqbal Sapadia.

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The court said that considering the submissions made and without going into the merits of the arguments, in view of the interim protection granted to co-accused by the Supreme Court, it allowed the bail applications. Taking into account the undertaking given by the applicants, the court ordered the applicants to be released on bail on their furnishing personal bonds and two reliable sureties of one lakh each to the satisfaction of the court concerned.

An FIR was lodged last year alleging the issuance of ‘Halal’ certificates without legal authority, alleging to illicit gains at the Police Station Hazratganj, Lucknow, under various Sections of the IPC. It named several Halal certification bodies, trusts, and unidentified individuals, including the Halal Council of India.

The counsel for the accused/applicants argued that despite complying with a notice issued under Section 91 of the CrPC on December 6, 2023, which sought evidence from the signatories of the Halal Council of India, the applicants were unexpectedly arrested on February 13, 2024, after providing all required information. He contended that the FIR in the present case was concocted, conjectural, and orchestrated.

He also brought on record the two notifications issued by the state of Uttar Pradesh, which were challenged by four other petitioners before the Supreme Court in the case of ‘Jamiat Ulama-I-Hind Halal Trust Versus State of Uttar Pradesh.’ In this case, interim protection was given to the petitioners therein. Notices were issued to the respondents, and the interim protection was to the effect that no coercive action shall be taken.

The counsel also filed an undertaking on behalf of the applicants, stating that if they were granted bail, they would not issue any certificates either personally or through the Trust.

The bail pleas were opposed by the state counsel, who contended that the functions within the domain of sovereign authorities, either under the Food Safety Act or other regulatory mechanisms, were encroached upon by the applicants’ private Trust, which falsely claimed the authority to issue such certificates. He alleged that in the said process, an effort was made to unsettle the financial equilibrium in favour of the persons, who were obtaining the certificates and to the detriment of the persons, who were not obtaining those. State counsel also contended that the said act of the applicants would have grave economic consequences if allowed to continue. After hearing the matter, the court granted bail to the four accused with six conditions.

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