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2017 Supreme(Ker) 1177

IN THE HIGH COURT OF KERALA
K. Surendra Mohan, K. Abraham Mathew, JJ.
Asokan K.M. - Appellant
Vs.
Superintendent of Police - Respondent
W.P. (Crl.) No. 297 of 2016
Decided On : 24-05-2017

Advocates Appeared:
For the Appellant :C. Rajendran and C.P. Anil Raj, Advocates
For the Respondent:Addl. Director General Of Prosecution Special Govt. Pleader Sri. P. Narayanan, Advocate, M. Ajay, Special P.P. For Nia, P. Ravindran (Sr.), Smt. Liza Meghan Cyriac, Advocate, P.K. Ibrahim, Smt. K.P. Ambika, Smt. A.A. Shibi, A.L. Navaneeth Krishnan, Advocates,
For the Detenue :P. Sanjay, Smt. A. Parvathi Menon, Biju Meenattoor, S. Sreekumar (Sr.), C.M. Mohammed Iquabal, Advocate

Headnote:Constitution of India, Art.226 - High Court exercise parens patriae jurisdiction has the responsibility to guarantee that young girls are not misused or transported out of the country as father of a girl aged 24 filing Writ Petition detaining that his daughter is likely to be transported out of the country.

JUDGMENT :

Surendra Mohan, J.

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 Section 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.

4. On 14.1.2016, this Court directed the Government Pleader to get instructions regarding the action taken on the complaint of the writ petitioner and the investigation made for tracing out the missing girl. The case was thereafter posted to 19.1.2016. On 19.1.2016 the alleged detenue, Ms.Akhila, appeared in person. She also filed I.A. No. 792 of 2016 through her lawyer Adv.P.K.Ibrahim seeking to get herself impleaded as an additional respondent in the writ petition. Accordingly, she was so impleaded. In her affidavit filed in support of her impleading petition, she narrated the circumstances under which she had left her home. According to her, she was aged 24 years and was doing her House Surgeoncy in BHMS Course at Shivaraj Homeopathy Medical College at Salem after completing the course. (The above assertion that she was doing House Surgeoncy Course is a false statement and she has not joined for her House Surgeoncy




















































































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