In Kerala, the police action in a case reveals the police force’s bias and prejudice against Muslims, as well as the moral policing tendencies of the force. A Muslim youth went on a ride with a Hindu girl, leading to a suo moto case initiated by the police after colleagues associated with the BJP called the police station, giving the incident a communal angle. Despite the girl and her mother stating they had no complaints, the police registered an FIR.
The Kasaragod Sessions Court on Tuesday granted bail to Sayyid Hiban Muhammed, a Muslim youth falsely accused of kidnapping a nurse trainee at a prominent hospital in the district.
The 23-year-old Muhammed, an operation theatre technician from Lakshadweep, was falsely accused of kidnapping a minor girl who was a trainee at the hospital. The incident occurred on September 13 during the hospital’s Onam celebration, when the intern requested Muhammed to take her on a motorcycle ride around town. However, their night outing was given a communal angle by several staff members aligned with the BJP, which subsequently led the hospital’s managing director to write to the Kasaragod Vanitha Police, requesting an inquiry into the matter.
Within hours, the Vanitha Police registered a suo moto FIR, booking Muhammed for kidnapping a minor under Section 137(2), even though the girl’s family had no complaints. Despite multiple statements given to the police, the family consistently maintained that Muhammed was innocent.
In the FIR, Sub-Inspector Ajita stated that she “strongly believed the accused took the girl, who is merely 17 years old, out of the hospital with the intention of abusing her.” However, the girl’s mother alleged that BJP leaders pressured them to take a stance against Muhammed.
While granting bail to Muhammed, Sessions Judge Sanu S. Panicker remarked, “Taking someone (out) is not an offense unless it is coupled to commit an offense. As far as this case is concerned, no offense was committed while they were together outside.”
On November 27, opposing the plea seeking anticipatory bail, Public Prosecutor Venugopalan argued that granting bail “would flare up communal tensions in the district because the girl and the man belonged to different religions.” However, on December 3, the prosecution, despite repeatedly attempting to frame it as a communal issue, did not oppose the bail plea, as the family had no complaints.
“Muhammed’s case raises troubling questions about moral policing by the Left government’s police and prosecution, who bought into a right-wing conspiracy theory and filed a kidnapping case without a complaint, solely driven by prejudice rather than evidence,” said Advocate Shajjid Kammadam, who represented Muhammed in court.
The defense team has stated that they will file a petition in the High Court to quash the FIR.
