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Judgment
The petitioners are the parents of the detenue, Athira. She
is produced this Court. Even according to the petitioners, she
had voluntarily chosen to become a Muslim, and she was
practising the rituals of the said religion. However, recently she
was missing since 10.07.2017. On enquiry, her whereabouts
could not be traced out and apprehending that she might be
kidnapped by some miscreants, complaint came to be filed before
the police station. Since she could not be traced out, this writ
petition has been filed. Detenue is produced before this Court.
We interacted with her and also with her parents.
We have heard the learned counsel for the petitioner
and the learned Government Pleader. The report received from
the Inspector of Police, Bakel has been placed before us.
The learned Government Pleader stated that the
detenue could be traced out and she was produced before the
learned Magistrate, who housed her at Mahilamandiram. But the
police also apprehend that there might be influence of some
radical groups.
Detenue submits that she was not under the threat or
coercion from any person and since there was a change in
attitude of her parents with reference to the religion that she
follows and her parents have permitted her to follow the religion
of her choice, she is ready to come back and reside with her
parents, provided her parents does not prohibit her from
practising the said religion. On our interaction with her parents,
they also submitted that they will not stand in the way of the
detenue practising the religion of her choice and the only thing is
that she should not leave them, as she is their only daughter.
As far as the report of the Sub Inspector of Police is
concerned and the apprehension expressed by them, it is for the
police to conduct appropriate enquiry into the matter and take
necessary action in accordance with law.
The detenue shall be free to go with her parents and the police shall also ensure that no influence shall be exerted on
her by any radical groups which are involved in anti-national
activities or forceful conversion of religions, while she stays with
the parents and if any apprehension is expressed by her parents
in this regard, the police shall take appropriate action.
With the above observation, this writ petition is closed.