the High Court of Kerala Wednesday, expressed disappointment at media reports that a woman and her child were in the custody of extremist organizations, after the court issued an opinion on a habeas corpus plea by the woman’s husband.
The husband had, in his habeas corpus petition, alleged that his wife and son were forcibly converted to Islam and illegally detained after finding that the wife had converted of her own accord.
Subsequently, the Court issued an opinion, which the Court noted that generally done in applications for a writ of habeas corpus; except in very compelling circumstances, however, added the Court,
“At the time we published the notice… columns appeared in the media with an insinuation that the mother and child are in the custody of extremist organizations.“
“We are saddened and dismayed because such excesses, without verifying the realities on the ground, only lead to a polarization of communities, which civil society cannot afford., the Court still observes.
Observing thus, a bench of division of the High Court of Kerala comprising Judge K Vinod Chandran and Judge Ziyad Rahman AA Wednesday rejected a plea from the man.
‘Convert to Islam on Free Will’: Kerala High Court rejects ‘husband’ habeas plea alleging forced conversion and illegal detention of wife and son
During the hearing, the Formation conversed with the woman in the absence of the authorities, in which she admitted that she had converted to Islam of her own accord and that there had been no coercion from anyone is.
When asked if she had any apprehensions to share with the court, the mother replied that her son’s studies were interrupted due to frequent interference from strangers and even the media.
The Court observed that during the issuance of the opinion by the court, there were several columns in the media with insinuations that the mother and child are in the custody of extremist organizations.
Commenting on this, the Court states the following:
“We are saddened and dismayed because such explosions, without verifying the realities on the ground, only lead to a polarization of communities, which civil society cannot afford. Therefore, we order the judicial police that if a complaint is made by the victim to the police for any harassment, the police must take immediate action to ensure that the mother and son are allowed to live their lives free of interference and harassment. unjustified.. “
Therefore, the Bench Division rejected the Grievor’s attempt to suggest that the mother and son were in the care of an extremist organization. The motion in brief was therefore dismissed.
Case title: Gilbert PT v. State of Kerala and the Ors
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