Kerala based man moves SC for extradition of his daughter, her kid detained in Afghanistan jail

A Kerala based man has moved the Supreme Court seeking direction to Centre for extraditing and repatriation of his daughter and minor granddaughter, who are presently detained in Afghanistan’s Pul-e-charkhi jail.

The plea filed by VJ Sebastian Francis, resident of Ernakulam district of Kerala said that his daughter has been booked here in a case by NIA under Unlawful Activities (Prevention) Act (UAPA) and other offences.

The father said that the allegation is that his son-in-law along with his daughter and other accused persons hatched a conspiracy to propagate a terrorist organisation in waging war against Asiatic nations.

“In further to this plan, the 1st detenue (daughter) and the second detenue (granddaughter) with an intention to join the Islamic organisation in Afghanistan exited India on July 30, 2016. The Interpol also issued a Red Corner notice on March 22, 2017 in the name of 1st detenue,” the plea said.

The father said that after reaching Afghanistan his son-in-law got involved in the war and was killed and his daughter and granddaughter, who were not actively involved in the fight had to surrender to Afghan forces on November 15, 2019, along with several other women.

He said during an interview conducted by a news portal his daughter had repented her decision to join the ISIS and wanted to return back to India and face fair trial before the courts here.

He further said that India has executed an extradition treaty with Afghanistan in 2016 but it has not taken any steps to request for extradition of his daughter and granddaughter, who are stuck in a foreign country.

“Since the defeat of ISIS in Afghanistan…it is anticipated that subsequent to the withdrawal of the American forces the Taliban and Islamic Republic of Afghanistan may enter into a war in which the foreign terrorist fighters like her daughter will be hanged to death”, the plea said.

The petition further sought to declare the act of non-processing/non-initiation of the steps for facilitating the repatriation/extradition of the detenues by the Centre is illegal and unconstitutional as it violates the fundamental rights guaranteed under Article 14, 19 and 21 of the Constitution.

It sought direction to the Centre to initiate steps to extend diplomatic protection/consular assistance to the detenues through its consular/diplomatic office in Afghanistan.