The Supreme Court on Monday directed the Central government to decide the representation of a Kerala-based man seeking extradition of his daughter and minor granddaughter, presently detained in Afghanistan's jail.
A Bench of Justices L Nageswara Rao and BR Gavai directed the Centre to decide the representation made by VJ Sebastian Francis within eight weeks.
The apex court also granted liberty to Francis to approach the Kerala High Court if he is aggrieved with the decision taken by the Centre after the eight-week period.
His daughter and minor granddaughter are detained in Afghanistan's Pul-e-Charkhi jail.
The apex court's order came on a plea filed by Francis seeking the extradition of his daughter Sonia (now name changed as Aisha after conversion to Islam), who had left India in 2016 to join terrorist organization ISIS, and her minor daughter Sara.
The petition was filed in July 2021, before the take over of Afghanistan by the Taliban. Counsel appearing for Francis said though the prisons were demolished after the Taliban came into power, it cannot be said that Sonia and her daughter are not in detention, as there are reports of prisoners being detained in border areas.
Francis, a resident of Ernakulam district, said his daughter has been booked in India in a case by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) and for other offences. A criminal case under the UAPA is pending trial here against her for joining the terror organization ISIS.
The plea stated that during an interview conducted by a news portal, his daughter had repented her decision to join ISIS and wanted to return to India and face fair trial before courts here.
Sonia had accompanied her husband to Afghanistan to propagate the ISIS ideology, however, her husband got killed by Afghan forces in 2019. After that Sonia and her daughter surrendered to Afghan forces, said the plea.
It added that India had executed an extradition treaty with Afghanistan in 2016 but it has not taken any steps to request the extradition of his daughter and granddaughter, who are stuck in a foreign country.
( With inputs from ANI )
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