Allegation Of Religious Conversion of Daughter Under Influence: Madras High Court Dismisses Habeas Corpus Plea By Mother

The matter before the Court

A habeas corpus petition was filed by the mother of the detenu (S. Sivapragathi), aged about 25 years, to produce her before this Court and set her at liberty.

The counsel appearing for the Petitioner argued before the Court that the detenu after completing her graduation, was working in a Panchayat Office as a Temporary Worker for some time and at that time, she had acquaintance with the 4^th respondent.

It was further submitted the 4^th respondent is 50 years old man, who, by brain-washing the detenue, made her convert into Islam and that "there was no possibility for the detenue to convert herself into Muslim religion, without the influence of the fourth respondent."

It was also stated that in this regard, complaints have been given to the Official Respondents.

On the other hand, the counsel appearing for the 4^th respondent stated that he has nothing to do with the detenu and the detenu and the entire allegation made by the Petitioner was false.

Court's Order

The detenu, as well as the Petitioner, appeared before the Court through video conferencing from the Additional Public Prosecutor's Office and on enquiry, the detenu (the daughter) stated that "she does not know the 4^th respondent and she is now converted into Islam and residing in an Orphanage at Trichy."

In the light of the above statement made by the detenu, the Court opined that "nothing survives for consideration in this Habeas Corpus Petition" and accordingly, the same was dismissed.

However, liberty is given to the Petitioner to work out her remedy in the manner known to law.

Case title - S. Kannika v. The Superintendent of Police Trichy District and others [H.C.P.(MD) No.921 of 2020]