Statemet of Facts

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1.

Cindia is a developing country having states like Vindhya Pradesh which has districts
such as Jorakhpur , Nareilly and Sarnataka which has districts such Kudipi cindia is
governed by the constitution of Cindia. In Cindia freedom of speech and expression as
well as freedom of religion are given prime importance.
2. Meenakshi is a a 17 year hindu girl , studying in 12 th standard . she had many friends one
of them was Sheikh Sana the president of Rebellious party of Vindhya Pradesh (RPVP)
and she was also her senior . Meenakshi used to admire her a lot . Meenakshi was
impressed by Sheikh Sana’s religious practices and started believing in ideology and
teaching of Islam. Later ob with the desire of learning more about islam she took
admission in Jorakhpur Islam Study Center (JISC) .At JISC she fell in love with a man
named Hussain Mirza.
3. In October 2014 Meenakshi was reported missing by her father Suresh Singh. Who with
the help of police tried to trace her. Meanwhile Meenakshi converted herself to Islam and
changed her name to saira. It was also found out by police that Saira was staying with
Shaikh Sana. Suresh Singh filed a writ petition invoking Article 226 of the Cindian
Constitution in Vindhya Pradesh High Court contending that jisc was involved in forced
and illegal conversations and was recruiting cadre for Islamic terrorist organizations from
foreign. Saira denied all the allegations and testified that . she was staying with Shaikh
Sana out of her own will. The court dismissed the petition and let Saira continues her
study in Islam and live with Shaikh Sana.
4. In December 2014 Suresh Singh filed aother Writ Petition asserting that he got
information of transporting of Saira and out Cindia after getting married her off to Mohd.
Junaid at the instance of JISC. High Court passed an interim order to put Saira under
surveillance. While this time police found out that saira has been to an undisclosed
location with Hussain Mirza. Though Saira denied the plan to travel abroad. The court
decided to pur her in a hostel in nareilly. Saira filed an interim application against this
order and she also testified on oath that she does not hold a passport and has no plans to
travel abroad . hence court accepted her application and she began to live with Shaikh
sana till the writ petition disposed off
5. In March 2015 Saira appeared before the High Court andadmitted that she is married to
Hussain Mirzza according to muslim law. Hussain Mirza who was an active member of
RPVP and Radical Islamic front have 4 criminal cases against him. Saira plea allowed to
preach Islam and live with her husband was accepted and petition was disposed.
6. In December 2016 Saira was tortured by Hussain Mirza for not conceiving a child.
Vishal who was a neighbour was tye winess of this mental and physical suffering of saira.
One day Hussain mirza married another women Fatima without informing Saira. Saira
decided to leave the house of Hussain Mirza. Vishal give her space in his house. On the
same night she got to know that she is pregnant . As soon as she called Hussain Mirza to
share this news, he hung up her call and sent Triple Talaq on whatsapp.
7. Vishal proposed to her and they got married according to Hindu rites and ceremonies in
the presence of some of Vishal close friends and they shifted to Kudipi in the ancestral
house of Vishal. However Saira continued to be Muslim and raise his son Sameer as a
Muslim.
8. In August 2018 Vishal lost his life because of this Saira went into coma.When she
recovered she got to know that the house has been occupied by Vishal’s brothers and
sameer had been admitted to an orphanage. Vishal’s parents refused to acknowledge her
as their daughter in law. Saira having no means to sustain herself and her son, filed two
cases that are, a case against Vishal’s parents claiming maintenance for herself to be his
legally wedded wife as per Hindu rites and another case against Husain Mirza claiming
maintainence for sameer and herself and seeking compensation for trapping her into
conversion, marriage and treating her in undignified way. The family court dismissed
both the cases as not maintainable , then she appealed before High Court admitted both
the appeal and kept them for joint hearing.
9. NIA arrested Saira under National Security Act for further investigation on the suspicion
of her involved in the psychological kidnapping racket and accomplice of Hussain as a
trained terrorist and knowledge of whereabouts of Hussain mirza as he was absconded.
Saira file a Writ Petition in Sarnataka High Court challenging ger arrest and detention
and quashing the FIR against her. The NIA opposed her application and said she being
actively involved in terrorist activities and agency termed her matrimonial dispute and
eloping with vishal as camouflage as pre-scripted by JISC. The NIA also relied upon the
discrepancies in the civil appeals filed by Saira,. High court of Sarnataka admitted the
writ petition filed by Ms. Saira.

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