Lawstreet Journal

Gujarat HC Grants Pre-Arrest Bail to Parsi Man, says, 'No Legal Obligation to State Religion While Seeking Sanction to Transfer Immovable Property'

Lawstreet Journal 13 Apr 2021 8:27pm

Image courtesy: Lawstreet Journal Judiciary Gujarat HC Grants Pre-Arrest Bail to Parsi Man, says, 'No Legal Obligation to State Religion While Seeking Sanction to Transfer Immovable Property'

Last week, the Gujarat High Court granted pre-arrest bail to a Parsi man, namely, Feroze Falibhai Contractor. He was accused by a Hindu man saying he hid his religion while selling his property under the Disturbed Areas Act, 1976. An FIR was filed pertaining to the same. 

As Justice Umesh A. Trivedi granted bail to the accused, he observed: 

"Prima facie, it appears that no law obliges to state his religion in the affidavit filed in support of application seeking previous sanction to transfer immovable property."

Facts of the Case

The main allegation against the Parsi man is the non-disclosure of his religion while getting the previous sanctions for the sale of an immovable property owned by him as he made an application in the affidavit annexed with it. 

Charges pressed against him are for the offences punishable under Sections 177, 181, 406, 465, 467, 471 of the Indian Penal Code and under Section 6D of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from premises in Disturbed Areas Act, 1991. 

Indian Express reported that he "despite being a Parsi, did not disclose his religion…" before the District Collector’s office as for the transfer of the plot to a Muslim.

It was also alleged in the FIR that he "took advantage of his Muslim-sounding first name… to get permission (for transfer of property) under the Disturbed Areas Act".

It was submitted by the Advocate of the First Informant that the man represented his incomplete address rather than his actual home… Continue Reading...


Tagged: Gujarat High Court  
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