Bombay High Court allows withdrawal of plea against Religion Act

The petitioner argued that the state could take measures to prevent conversions by force, fraud or coercion. The cause of action argued that the law went beyond that goal. File. | Photo credit: The Hindu

The Bombay High Court on Thursday (October 22, 2026) allowed Maulana Halimullah Farooque Ahemed Khan to withdraw the plea challenging the Maharashtra Freedom of Religion Act, 2026 to allow the filing of the petition. A bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advaita Sethna passed the order. The court noted that the plea did not highlight the hardships citizens face as a result of the law or its consequences.

Emphasizing the need to spell out the enforcement implications, the bench noted that prosecutions in Pune under the Act had not been brought before the court.

The cause of action argued that the provisions of the Act could expose the activities and conversions to liability without the use of violence, fraud or coercion. The plea argued that it interfered with freedom of conscience under Article 25 of the Constitution. Article 25 protects the right to choose in matters of faith and belief.

The proposal challenged § 2 letter a), § 3, 6, 7 and 9 of the Act. The cause of action alleged that these sections breached the guarantees under Article 14, Article 19(1)(a). a), Article 19 paragraph 1 letter c), Articles 21, 25, 26 and 29 of the Constitution.

The petitioner argued that the state could take measures to prevent conversions by force, fraud or coercion. The cause of action argued that the law went beyond that goal.

The plea said the provisions curtailed freedom of conscience, choice, expression, association, privacy and autonomy. The petition claims that the sections violate guarantees relating to equality, freedom of speech and expression, freedom of association, life and liberty, freedom of religion, governance and protection of interests.

Published – 23 October 2026 12:30 PM IST