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Factual Background

  • The daughter and minor granddaughter of a man have been detained in a prison of Islamic Republic of Afghanistan.
  • She had left India in 2016 to join the ISIS after her husband propagated the vision of the terrorist organisation in waging war against Asiatic Nations but they were not involved in the fight and surrendered to the Afghan forces after his death.
  • An interview uploaded on YouTube with the petitioner’s daughter stating her regret of joining the ISIS and her willingness to return to India has been referred along with 4 other detenues.
  • The father, Sebastian Francis, has approached the Supreme Court for extradition and repatriation of his daughter and granddaughter.

Plea of the Petitioner

  • He has sought for directions to initiate steps for extending diplomatic protection or consular assistance for the detenues via the diplomatic office.
  • The inaction of the Government in bringing back the detenues amounts to violation of the obligations under the Universal Declaration of Human Rights, 1948 and the International Covenant on Civil and Political Rights, 1966.
  • The Fundamental Rights under Article 14, 19 and 21 are violated as the steps for facilitating repatriation and extradition of the detenues are initiated.
  • Under the Extradition Treaty signed with Afghanistan, any person convicted or accused of an offence can be extradited from the State.

Urgency of Extradition

  • The US troops have announced military exit and after that the political and administrative scenario would change, so it is an urgent matter at hand and if this leads to a war between the Taliban and Republic, then the prisoners could be hanged to death.
  • Since the granddaughter was under the protection of negligent parents, her welfare should be taken into consideration and the State should ensure the repatriation and safety.

What do you think should happen to detenues? Do you think they have a right to be extradited and given a chance of trial before the Indian Court? Tell us in the comments section below!

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