Mother moves Kerala High Court for repatriation of daughter who left India for Afghanistan to join ISIS
5th July, 2021
The mother of Nimisha, who fled India for Afghanistan to join ISIS, has petitioned the Kerala High Court for Nimisha and her four-year-old daughter, Ummu Kulusu, to be repatriated (Bindu k Vs. Union of India and ors.). The petition claims that the government is obligated under the Indian Constitution and international treaties to protect citizens' right to life, which includes the right to a fair trial and the right to an education. The petitioner is asking for directives to be issued to the Ministries of Home Affairs and External Affairs to take swift action to bring Nimisha and Ummu back from the Islamic Republic of Afghanistan. Both are Indian citizens. The petitioner's counsel submitted to Bar & Bench that the petitioner has been threatened and abused in her home state. She called Delhi-based lawyers Advocates Sunil J Mathews and Amit Kumar, a Supreme Court lawyer and a retired army Colonel, to take up her case, fearing that the threats would escalate. The matter is being handled pro gratis. Nimisha was allegedly radicalised by ISIS when she was at a particularly susceptible period, despite her best efforts to prevent it, according to the petitioner, and convinced to relocate to Afghanistan by her husband, despite her greatest efforts to prevent it. Her spouse then joined the Islamic State, purportedly without her knowledge, and was kidnapped. The petitioner approached the Kerala State Police and the National Investigation Agency after hearing that Nimisha and 20 others had travelled from India to Afghanistan to join ISIS (NIA). These authorities were made aware of the situation and filed FIRs. Because a bilateral treaty between Afghanistan and India has been approved, it is argued that the respondents are obligated to take the required steps to extradite Nimisha and her daughter in accordance with the Interpol alert. The petition's main point is that there is a discrepancy in the authorities' reply and that they haven't done their due diligence. As a result, it is argued that the respondents have failed to take all essential steps to protect Nimisha and her young daughter's fundamental rights, including their right to life under Article 21.
It should be noted that the right to life under Article 21 of the Indian Constitution includes the right to a fair trial, according to various Supreme Court decisions. As a result, the petitioner claims that the authorities must ensure Nimisha's repatriation to India, where she can face a free and fair trial for the aforementioned allegations.