Missing daughter : Muslim father files habeas corpus petition in High Court of Kerala alleging conversion of his daughter under VHP's "Ghar Wapsi" campaign

A muslim father has filed a habeas corpus petition before the Kerala High Court, alleging that his 21-year-old daughter was converted to Hinduism as part of the 'Ghar Wapsi' campaign conducted by Vishva Hindu Parishad (VHP) at a seaside hamlet in Alappuzha called Pallana. 

  

 

The petition was filed by 45-year-old Noushad Aboobacker of Pallana, who is a fish vendor, against Sunil Gangadharan of Pallana, his father Gangadharan alias Thampi, Sunil's brother Anil Kumar, and Vishnu Purushan, who hails from the same locality.

The relevant averment in the habeas corpus petition reads thus: "Respondents 5 to 8 are residing in the same locality and they are the active workers of Viswa Hindu Parishad. It is most respectfully submitted that in connection with 'Ghar Vaapasi' campaign organized by the said organization, several persons from different communities have been converted to Hinduism. The grievance of the petitioner is that the petitioner's daughter has also become a prey to the above said movement initiated by the above mentioned organization. The 5^th respondent, Sunil, under the guise of the love affair, managed to have a close relation with the petitioner's daughter (name withheld to protect identity), who is aged 21 years. Though it was objected by the petitioner and other family members, the 5^th respondent along with respondents 6,7, and 8 openly declared that he will marry the daughter of the petitioner and will convert her to Hinduism as he desires."

The father alleges in the habeas corpus petition that the petitioner's daughter was found missing from her home from January 12 onwards and a search by the petitioner and his relatives and neighbours proved unsuccessful as they could not find her.

The petitioner has alleged that he suspects that his daughter is under illegal detention at the instance of Sunil against her will. Though the matter was informed to police, no action was taken, the petition said.

The petition is expected to come up for admission before a Division Bench of the High Court of Kerala on Friday.

PIL filed in High Court of Kerala challenging the constitutionality of the National Judicial Appointments Commission Act

A public interest litigation (PIL) has been filed in the High Court of Kerala, challenging the constitutionality of the National Judicial Appointments Commission Act of 2014 (NJAC Act, for short) that seeks to put an end to the collegium system of appointment of judges. 

  

In the Public Interest Litigation filed by Adv: Basil Attipetty, the petitioner has averred that the NJAC Act infringes on the fundamental right of citizens to have an independent judiciary that is free from the clutches and control of the executive and legislature. 

Further, the petitioner contends that the NJAC Act is in violation of Article 50 of the Constitution, which lays down that the state should take steps to separate the judiciary from the executive. Constitutional provisions regarding appointment of judges of the higher judiciary cannot be amended by Parliament as that would go against the basic structure of the Constitution. Parliament has only a mandate for five years whereas the Constitution with the basic features was framed by the Constituent Assembly, the petition said.

Parliament has no authority to amend, alter, or modify the Constitution to destroy its basic structure by introducing the NJAC Act. The Constitution framed by the Constituent Assembly cannot be amended by the present Parliament, it is contended in the petition.

The petitioner further contends that Parliament and executive cannot frame an enactment to circumvent the judgments of the Supreme Court as the law declared by the apex Court is the law of the land and becomes part of the Constitution.

The petitioner has sought for a declaration that the NJAC Act is unconstitutional and null and void. The PIL is expected  to come up for admission before the Division Bench headed by Chief Justice Ashok Bhushan on Friday.