Hiban Mohammed, a 23-year-old operation theatre technician from Kasargod, is gripped by fear. His late-night outing with a Hindu female colleague, Arsha* (name changed), has resulted in a kidnapping charge against him, with the public prosecutor telling the court that the ride could have led to “communal tensions” due to their differing religions.
Hiban dreads the possibility of his mother finding out about the police case against him and the escalating political noise surrounding it. What makes matters worse for Hiban is that his own hospital staff captured his visuals with the girl on their cameras, which were then leaked. Soon, the local BJP got involved, and the cops started hounding him and the girl. The BJP went as far as pressuring the girl’s family to give a statement against Hiban.
He would have ended up in police custody if not for Arsha’s mother and Diya*, a mutual friend and colleague, informing the court that the outing was consensual.
On December 3, the Kasargod Sessions Court, presided over by Judge Sanu S Panicker, granted Hiban anticipatory bail in a suo motu case registered under Section 137(2) of the Bharatiya Nyaya Sanhita (BNS) for alleged kidnapping. The court observed that merely going out together does not constitute a crime.
Recounting the events of mid-September, Hiban said, “On September 13, we were celebrating Onam at the hospital. On September 14, around midnight, a few colleagues and I were chatting. Arsha, an intern, asked me for a late-night ride on my two-wheeler. I agreed. Maybe I shouldn’t have.”
Hiban and Arsha returned from the drive at around 2 am, walking in through the hospital’s front door. “I didn’t think we did anything wrong,” Hiban said. However, some staff members viewed the CCTV footage and began questioning him, citing the girl’s religion. “They accused me of taking a Hindu girl out, turning an innocent outing into a communal issue,” he added.
“I saw four of them recording the CCTV footage on their phones. It was later that I came to know that somebody leaked it,” he said.
Hiban explained how the matter escalated. “On September 18, I was on leave when the hospital owner called me, saying people had created a scene. Both Arsha and I clarified that it was a friendly outing, but the situation spiralled out of control.”
The hospital, under alleged pressure from local Bharatiya Janata Party (BJP) workers, reported the incident to the Kasargod Women’s Police Station.
The hospital management stated in its letter, “One Ms. ******* who has come to our institution for observation purposes for 2 months went out with OT technician Mr Sayyed Hiban Mohammed and returned to the premises after an hour and stayed at the hostel and went home on Saturday morning. As it's not a procedure to be followed at the hospital, and also incidence could take a communal twist. I request your kindness to inquire discretely regarding this incident (sic).”
Soon after, the police registered a suo moto First Information Report (FIR) against Hiban, accusing him of kidnapping a minor, despite no complaints from Arsha or her family. Hiban’s lawyer, Advocate Shajjid Kammadam, criticised the lack of a proper investigation, highlighting that the police acted solely on political pressure.
"The police failed to conduct a proper investigation. Neither the girl nor her family filed a complaint, and even the hospital did not lodge one," Shajjid Kammadam told TNM.
In the suo moto FIR, Sub Inspector Ajitha wrote, “A 17-year-old minor girl residing with her parents, who is studying as a nursing assistant trainee at ****** in Kasaragod Kasba village, was allegedly taken away from the institution by the accused, an OT technician working there. This was done without the knowledge or consent of the medical centre authorities or the girl’s parents, with the intention of exploiting her.”
However, there was no complaint from the girl’s family or the hospital regarding 'exploitation,' and the police have not clarified why that term was used or why such charges were mounted.
When contacted, District Police Chief Shilpa Dyavaiah told TNM, "I am not aware of the details or specifics of this case, so I cannot comment at this time."
Speaking to OnManorama, Arsha’s mother said that BJP workers pressured her to give a statement against Hiban, but she refused. She also alleged that the police repeatedly questioned her, hoping she would change her testimony.
Arsha was subjected to a medical examination, which found no evidence of assault. Despite this, the police continued with the case.
“It was a harrowing experience for Arsha and her mother. They had to visit the police station multiple times and had to come to court. Still, they stood by me,” Hiban said.
Hiban shared that this was not his first encounter with communal prejudice. “Once, I helped a struggling patient’s family. A staff member later warned me against speaking to Hindu women,” he said.
Advocate Kammadam also told TNM that some hospital staff informed him they were warned by others not to interact with Hiban, accusing him of trying to convert them under the guise of 'love jihad', a bogus term coined to insinuate that Muslim men romantically entrap women from other religions to convert them.
Advocate Kammadam believes the FIR against Hiban can be quashed. “We are approaching the High Court as there is no valid complaint against him,” he said.
Hiban, meanwhile, remains on edge. “I haven’t gone to work since the incident. I fear my mother will find out or that the case will worsen,” he said.
Arsha, who recently turned 18, is now pursuing a nursing course. For Hiban, however, the ordeal remains a haunting reminder of how prejudice and communal politics can derail lives.