Bombay High Court permits withdrawal of plea against Religion Act

The petitioner contended that the State could enact measures to prevent conversions by force, fraud, or coercion. The plea argued that the Act went beyond that objective. File.

The Bombay High Court on Thursday (October 22, 2026) permitted Maulana Halimullah Farooque Ahemed Khan to withdraw a plea challenging the Maharashtra Freedom of Religion Act, 2026, to permit the filing of a petition. A Bench consisting of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna passed the order. The Court noted that the plea did not highlight the difficulties citizens face due to the law or its repercussions.

The Bench emphasised the need to specify the repercussions of law enforcement and noted that prosecutions in Pune under the Act were not brought to the Court’s notice.

The plea claimed that provisions of the Act could expose activities and conversions to liability without force, fraud, or coercion. The plea argued that this interferes with freedom of conscience under Article 25 of the Constitution. Article 25 protects the right to make a choice regarding matters of faith and belief.

The petition challenged Sections 2(a), 3, 6, 7 and 9 of the Act. The plea alleged that these sections violate guarantees under Articles 14, 19(1)(a), 19(1)(c), 21, 25, 26 and 29 of the Constitution.

The petitioner contended that the State could enact measures to prevent conversions by force, fraud, or coercion. The plea argued that the Act went beyond that objective.

The plea stated that the provisions place restrictions on freedom of conscience, choice, speech, association, privacy, and autonomy. The petition alleges that the sections violate guarantees relating to equality, freedom of speech and expression, freedom of association, life and liberty, freedom of religion, and the management of affairs and protection of interests.

Maharashtra / crime / religion and belief / Mumbai