The central government should decide within eight weeks on the extradition and repatriation of a woman from Kerala who is detained in Afghanistan with her child on charges of joining the ISIS terror outfit, the Supreme Court ruled on Monday.
The court was hearing a petition filed by 65-year-old VJ Sebastian Francis, a resident of Ernakulam district, who requested repatriation of his daughter Sonia, alias Ayisha, and granddaughter. The two are at Pul-e-Charkhi prison in Kabul since 2019, before the Taliban takeover in Afghanistan.
Francis said he feared for the lives of his 32-year-old daughter and nine-year-old granddaughter, and sought the top court’s intervention.
“First you have to persuade the Indian government. You should have first approached the government instead of moving the court,” a bench comprising justices L Nageswara Rao and BR Gavai said.
Commenting on news reports suggesting cordial diplomatic ties being established between India and Afghanistan, the bench said, “The relationship appears to be good.”
The woman left the country on July 30, 2016 to join her husband, who was working with ISIS in Afghanistan. On an Interpol red corner notice issued on March 22, 2017, Ayisha and her daughter surrendered before Afghan forces on November 15, 2019, and were jailed.
“There are several treaties in force under which extradition is possible. But in cases involving UAPA, they (Centre) do not initiate,” the bench said, expressing its limitations.
A representation was moved before the federal government but there’s been no response yet, advocate Renjith Marar, appearing for Francis, told the court.
The petition was filed in the Supreme Court in July last year. Disposing of the petition, the apex court bench said, “We direct the cabinet secretary and secretary, ministry of external affairs (MEA) to consider and dispose the request for extradition of the detenues, preferably within eight weeks from today.”
The apex court also permitted Francis to approach the Kerala high court, instead of approaching it, if he is aggrieved with the decision taken by the Centre after the eight-week period.
During the hearing, Marar pointed out that the jail in which the kin of the petitioner were lodged was destroyed by the Taliban and prisoners were shifted to detention centres in border areas adjoining Pakistan.
In his petition, Francis said that India was duty bound under the Universal Declaration of Human Rights to bring back its citizens. He requested the Indian government to extend consular access to ensure the safety of his daughter and granddaughter through diplomatic channels.
