Hadiya's Father Moves Fresh Habeas Corpus Plea Before Kerala High Court Alleging That He Was Unable To Contact Or Locate Her

The present plea filed by Ashokan, Hadiya's father stated that he was unable to contact or trace her whereabouts for the last month and thus sought for the issuance of the writ of habeas corpus.

A Division Bench comprising Justice P.B.Suresh Kumar And Justice Johnson John will take up the case next week.

The plea stated that he and his wife would speak to Hadiya over the phone and have also occasionally visited her. The plea further stated that Hadiya also informed her parents over the phone that she has no marital relationship with Shafin Jahan now and that she does not know his whereabouts.

The plea states that for the last month, the petitioner and his wife had been trying to contact their daughter, but she was not receiving their calls. It is also alleged that her mobile phone would occasionally be switched off and when they visited the Homeo Clinic where she practised, it was also found to be closed. They allege that even the neighbours had no information regarding their daughter. 

The petitioner apprehends that his daughter was in the illegal custody of the respondents, who were members of a banned organization called Popular Front of India. Hadiya's husband Shafin Jahan is also arrayed as the 6^th respondent. 

“This illegal detention of the detenu is in connivance with the 4^th and 6^th respondents as well. Any kind of harm can be caused to the detenu by the persons behind the 4^th and the 6^th respondents who are the active members of Popular Front of India, a banned organization. Now the detenu is under the control of this gang and unless she is produced before the Hon'ble Court and send along with the petitioner, her life would be in danger”, the plea stated.

Background Facts

Earlier, a Division bench of the Kerala High Court had dismissed a habeas corpus petition filed by Hadiya's father on finding that she was not under any illegal confinement. Later, a Division Bench of the Kerala High Court in another habeas corpus petition annulled the marriage of Hadiya and Shafin Jahan by invoking its parens patriae jurisdiction.

Shafin Jahan had challenged the order of the Kerala High Court before the Apex Court by a Special Leave Petition, wherein it was contended that his marriage was annulled without any legal basis. The Court had ordered a probe to be conducted by the NIA and also directed the Kerala Government to submit all documents relating to the case before it.

Based on this direction of the Apex Court, Hadiya completed her house surgency. Hadiya's father had also raised allegations before the Apex Court stating that attempts were made to take his daughter to Yemen.

The Apex Court had also set aside the order of the Kerala High Court that annulled Hadiya's marriage with Shafin Jahan. It took note of Hadiya's submission before the Court that she had converted and married on her own volition and free will. It also observed that the NIA could continue with the investigations.

The plea has been moved by Advocates C.Rajendran, B.K.Gopalakrishnan and R.S.Sreevidya

Case Name: ASOKAN K M Vs STATE OF KERALA, WP(Crl) 1285/ 2023