Alleged Illegal Detention And Conversion Of Woman And Son: Kerala High Court Orders Investigation Into The Matter After Husband's Plea

A Division Bench of Justice K Vinod Chandran and Justice Ziyad Rahman A.A. issued a direction to the police to conduct a thorough investigation and file a report in the matter.

The petitioner Gilbert P T, a former CPI(M) worker, had filed a habeas corpus petition on 29^th June 2021 seeking the release of his wife and son from illegal detention at the Therbiyathul Islam Sabha, a religious institution in Kozhikode. It was also prayed that their custody be granted to the petitioner, who is their legal guardian.

The petitioner alleged that his wife and son were coerced by certain individuals against their will and detained at the said institution. He also contends that certain local Committee members brought the wife and son to the Sabha, and allegedly converted the woman, who was originally a Christian, to Islam within 24 hours of their capture.

Advocate V Sajith Kumar appeared for the petitioner and argued that although the police found the detenues and brought his wife before the Magistrate for her statement, she was coerced and under the threat of her of the respondents while doing so. Therefore, her statement was not made with free will.

The conversion was accused to be illegal by the petitioner since it was allegedly done against her free will. The son has not been converted yet, but continues to be under the illegal detention of the respondents. Gilbert has strongly argued to protect his son from any sort of illegal conversion.

Background:

The petitioner was residing with his wife and 13 year old son in Malappuram for 13 years in a rented place. He submitted that it was Muslim-majority area, where they were the only Christian family.

A couple of Panchayat members used to frequently approach them offering a permanent house along with 25 lakh in cash in return of the petitioner's wife converting to Islam. This offer was reiterated by a few other individuals from SDPI as well. The petitioner had purportedly rejected the said proposal.

According to him, on June 8^th, when he went out for work, the respondents allegedly abducted his wife and son, took them to the aforementioned religious institution and forcefully converted her. They have been in detention ever since.

Upon finding out that they were missing, an FIR was immediately filed and the police tracked down the detenues. They were taken to the police station first, and later before the Magistrate.

The petitioner contended that he had filed a representation to the local police stations seeking immediate release of his wife and son from the unlawful detention, but no action has been initiated so far, which compelled him to approach this Court.

He suspects terrorist links to this incident, and hence pressed to investigate into the intention behind such coercive conversion of his wife and to ascertain if it was done out of her free will. However, nothing to that effect has been established in the matter as of now.

He had prayed for the Court to exercise its extraordinary jurisdiction to protect the life and liberty of the detenues by releasing them from the alleged illegal detention.

Title: Gilbert P T vs. State of Kerala and Ors.