Demand of repatriating Nimisha Fathima; Mother withdraws plea filed in HC

KOCHI: The Kerala High Court said the demand to repatriate Nimisha Fathima, who is in jail in Afghanistan cannot be considered as a habeas corpus plea. Nimisha’s mother Bindu filed the habeas corpus plea in the court.

The division bench said the petitioners can approach the single bench. With this, Nimisha’s mother Bindu withdrew the habeas corpus plea. A division bench of Justices Vinod Chandran and Siyad Rahman considered her plea.

Bindu’s plea said the government is not taking steps to repatriate her granddaughter and daughter, who is in Afghan jail and so asked the court to direct the centre to extradite the two. The plea argued that the government has an obligation to protect the fundamental constitutional rights of the citizens.

The Afghan government had decided to repatriate those in jails in connection with ISIS cases. Afghanistan asked India their willingness to accept the four including Nimisha. However, the centre had refused to accept the women. The security agencies said bringing back these people who worked with international fundamentalist forces could create security problems.