ASOKAN K.M. Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ petition for the issue of a writ of habeas corpus is filed by the father of a girl by name, Ms. Akhila. This is the second time that the petitioner is approaching this Court. The earlier writ petition, W.P.(Crl.) 25 of 2016 was disposed of by another Division Bench of this Court on 25.1.2016 permitting Ms. Akhila, the alleged detenue, to continue her residence with the 7th respondent herein. This writ petition was filed apprehending that the alleged detenue was likely to be transported out of the country. This writ petition was admitted on 17.8.2016 and an interim order directing respondents 1 to 4 to keep her under surveillance and to ensure that she was not taken out of the country without further orders from this Court was issued. The said order is still in force.

(2.) Ms. Akhila is the only child of Sri.Ashokan, the petitioner, and Smt. Ponnamma. They both belong to the Hindu (Ezhava) community and hail from Vaikom in Kottayam District. Ms. Akhila was therefore brought up in accordance with the beliefs and rituals of Hindu religion. At present, she is aged 24 years and has completed her degree course in Homeopathic Medicine, BHMS (Bachelor of Homeopathic Medicine and Surgery). She had joined the Shivaraj Homeopathy Medical College, Salem for her BHMS course. It is not in dispute that, though she had initially resided in the College Hostel, she later on took a house on rent outside the College and started residing there with four other friends. Two of her friends were Hindus, while the other two were Muslims. Among them, she became very close with Ms.Jaseena. She had accompanied Ms.Jaseena to her house and stayed with her a number of times. Her acquaintance with Ms. Jaseena attracted her to the tenets and beliefs of Islamic religion. The petitioner alleges that, she was influenced and persuaded to embrace Islam forcibly by Sri. Aboobacker, father of Ms.Jaseena. It is further alleged that, the 6th respondent is an unauthorised Islamic conversion centre conducted by the Socialist Democratic Party of India (SDPI for short) or the Popular Front of India (PFI for short) formed by the leaders of SIMI, which is a radical organization that has been banned. According to the petitioner, Ms.Jaseena and Ms.Faseena are sisters and daughters of Sri.Aboobacker. The three of them had misguided, misled and forced the detenue to accept Islam.

(3.) According to him, on 6.1.2016 Ms. Akhila was taken away from Salem by Ms.Jaseena, Ms.Faseena and their father, without informing the petitioner. Therefore, he complained to the Police since she was missing, with no information about her whereabouts. The Perinthalmanna Police registered Crime No. 21 of 2016 initially under Sec. 57 of the Kerala Police Act. Later on, Sections 153A, 295A and 107 of Indian Penal Code were added and Sri.Aboobacker was arrested. However, the detenue could not be traced out. In view of the above, the writ petitioner approached this Court by filing W.P.(Crl.) No. 25 of 2016 seeking a writ of habeas corpus for her production.