The Lucknow Bench of the Allahabad High Court has granted bail to four office bearers of the ‘Halal Council of India’ (HCI) accused of issuing fraudulent Halal certificates without the authority of law.
A Single Bench of Justice Pankaj Bhatia passed this order while hearing a Criminal Misc Bail Application filed by Muhammed Tahir Zakir Chauhan and others.
In terms of the FIR lodged by a public spirited person registered as Case, allegations were leveled that it has come to informant’s knowledge that the organizations named in the FIR including the trust of which, the applicants are the trustees were issuing ‘Halal certificate’ in respect of various products, which was hurting the religious sentiments of the people.
It was also stated that the said certificates were being issued without any authority of law and unauthorized gains were being made, which was also amounting to hurt the religious sentiments of various persons.
It was also alleged that these authorities were trying to influence the market condition of one particular community.
It was also alleged that the standards were not being followed and the effort was being made to effect the market equilibrium by issuing such certificates fraudulently, as a result whereof, the sales were adversely affected.
It was also stated that such certificates were being issued in respect of not only edible products but also toiletries, honey, vegetarian products etc. only with a view to adversely affect the market equilibrium and for earning unauthorized economic gains.
It was also stated that the said acts were acting in furtherance of creating enmity in between two communities and the economic gains were being diverted for various terrorism related activities.
In the light of the said FIR, it is claimed by the counsel for the applicants that the applicants were issued a notice under Section 91 of the Cr.P.C on 06.12.2023 calling upon the applicants to give evidence with regard to the queries as raised in the notice dated 06.12.2023. The applicants claim to have given all the information as desired through their communication which is also on record.
He further argued that on the one hand, the applicants were called as witnesses, however, the applicants were arrested on 13.02.2024.
It is also argued that the Director General of Foreign Trade has issued circulars in terms of the powers vested by virtue of Foreign Trade Development and Regulation Act authorizing various bodies, who can issue Halal certificates after getting themselves accredited by a body for which norms were also prescribed.
Counsel for the applicants said that even before the time for getting accreditation expired, the applicants were arrested. In respect of the trust of which the applicants are the office bearer, no such certificate/accreditation has been obtained.
Counsel for the applicants further said that in any case, the material to link the applicants with the offence in question emanates from the statement without there being anything on record to suggest that the applicants had issued any certificate through any authority or body within the State of Uttar Pradesh.
In the light of the said, it is argued that the applicants may be enlarged on bail as they have no criminal antecedents. An undertaking is also given by the counsel on behalf of the applicants that if the applicants are enlarged on bail, they would not issue any certificate either personally or through the trust of which they are the Managers or through any body with which the applicants can be linked.
“Considering the submissions made at the Bar, prima facie, without going into the merits of the arguments with regard to the allegation leveled against the applicants especially with regard to exercise of sovereign functions without any authority of law and the effect of such actions in destabilizing the economy of the country at this stage, considering the fact that the co-accused have been granted interim protection against arrest against whom similar allegations were leveled coupled with the fact that the applicants and the trust run by them have undertaken before the Court that they would not be issuing any certificate of the nature issued so far, if enlarged on bail till the date a proper authorization either by the Central or by the State Government is granted to them in accordance with law, the applicants are enlarged on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicants namely (1) Muhammed Tahir Zakir Chauhan, (2) Mohammed Anwar Muhammed Ali Khan (3) Maulana Habib Yusuf Patel (4) Muddassir Mohammed Iqbal Sapadia, be released on bail in FIR/ Case under Sections 120-B, 153-A, 298, 384, 420, 467, 468, 471, 504 IPC, Police Station Hazratganj, District Lucknow, on their furnishing personal bonds and two reliable sureties of Rs 1,00,000/- (Rs One Lac) each to the satisfaction of the court concerned with the following conditions:
(a) The applicants shall execute a bond to undertake to attend the hearings;
(b) The applicants shall file an affidavit/undertaking on their individual behalf and on behalf of the trust to the effect that they shall not issue any Halal Certificate to anyone till they are authorized to do so by a written permission from either the Central Government or the State Government;
(c) The applicants shall not leave the country without prior permission of the trial Court;
(d) The applicants shall surrender their Passports with the trial Court.
(e) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and
(f) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.