Kerala nuns face major setback, Chhattisgarh court refers bail plea to NIA court

They were not just protesting, they were staging a public warning. “These nuns must not be let out,” one of them yelled. “This is Bastar, not Kerala," they chanted.

Inside the courtroom, the two nuns from Kerala, arrested on charges of alleged conversion and human trafficking, were seeking bail. Their lawyer was prepared to argue that the arrests were politically motivated, that the women had no criminal record, and that they were, above all, educators, not traffickers.

The judge, however, didn’t engage with any of that.

Different legal track

Instead, he read out a short order that turned the case on an entirely different legal track.

In his order, Additional Sessions Judge Anish Dubey cited Section 11 of the National Investigation Agency Act, 2008, to point out that the matter must be taken up by a designated special court. The judge clarified that he could not examine the merits of the case due to jurisdictional limitations.

The order noted that Section 143 of the Bharatiya Nyaya Sanhita, 2023, under which the accused have been booked, deals with “trafficking of a person”, a provision that corresponds to Section 370 of the repealed Indian Penal Code, 1860, which is listed in the Schedule of the NIA Act.

Also read: Kerala nuns' arrest in Chhattisgarh: Leaders, church seek justice

Referring to a Chhattisgarh government notification that identifies courts empowered to hear cases under the NIA Act across various divisions, the judge directed the applicants to approach the relevant Special NIA Court for bail.

For Sisters Vandana and Preeti, the ruling was more than a procedural technicality. It meant more days or even weeks behind bars, far from the convent in Bastar, where they had been quietly working with tribal communities. Their bail was not denied, it was deferred, made more complicated, pushed into a system notorious for delay.

Outside, Bajrang Dal supporters celebrated. The symbolic message was clear that the state machinery, from the police to the courts had accepted their framing of the case.

The arrest

The arrest had taken place last week, at Jagdalpur railway station, where the nuns were accompanying young tribal women on a journey. A TTE (Travelling Ticket Examiner) reportedly noticed the girls and “got suspicious". It is alleged he called the Bajrang Dal activists first and later the police.

By the end of the day, two nuns and a 19-year-old Adivasi woman, Sukhmayi Mandavi, were in police custody.

The complaint was vague, but the charges escalated quickly. They were charged under Section 143 of BNS: Human trafficking of adults; Section 4 of the Chhattisgarh Freedom of Religion Act: Illegal religious conversion and Section 152 of BNS: Promoting communal disharmony or acting against national interest.

The FIR, according to lawyers familiar with the case, read more like a political pamphlet than a legal document. It spoke of “coordinated efforts to convert tribal girls”, “outside funding”, and “cultural disruption”. The nuns, according to witnesses, were interrogated in the presence of Bajrang Dal men, who reportedly asked, “You eat our food, live on our land, and try to destroy our religion?”

CPI (M) delegation visits nuns

Further drama unfolded when a delegation of Left leaders, including four Members of Parliament, was denied permission to meet the arrested nuns on what appeared to be flimsy grounds.

The joint delegation comprising leaders from the CPI(M), CPI, and Kerala Congress (M) was led by senior CPI(M) leader Brinda Karat. Despite submitting a written request well in advance, the group was barred from entering Durg Central Jail and had to argue with the police and jail officials outside its gates.

Only after persistent pressure and public outcry were they finally allowed to meet the detained women, that too only after a day’s wait.

Also read: Nuns accused of conversion forced to deboard train; Shah promises action

Earlier, the delegation had visited the Pakhnaguda convent, where the nuns had been staying before their arrest. A photograph of Brinda Karat embracing and consoling one of the nuns from the congregation went viral, capturing the emotional intensity and human cost of the unfolding crisis.

Visibly traumatised

MPs A Rahim and P P Suneer said the nuns were visibly traumatised, and one of them broke down while recounting the interrogation.

“Inside police custody, a 19-year-old Adivasi youth, Sukhmayi Mandavi, was brutally beaten by a criminal gang from the Bajrang Dal. The two young women were also subjected to severe physical assault, and through it all, the police stood by in silence as mere mute spectators. This happened in a BJP-ruled state where the Chief Minister speaks of the ‘law taking its course.’ Yet, this entire act of hooliganism unfolded right in front of those tasked with upholding the law,” said A A Rahim.

The arrest also exposed a split within the BJP. In Kerala, the party leadership initially termed the incident as a “misunderstanding.” But in Delhi, Union Minister of State George Kurian struck a different tone.

'New-generation churches'

“As a minister, I will not comment on a matter that is sub judice,” said Kurien.“But there is an impression that some new-generation churches are engaged in conversion activities. The mainstream churches are not. But people are finding it hard to differentiate between these churches,” he added.

Kurian also referred to the Railway official’s initial complaint but refused to answer further questions, instead making dismissive remarks about the Kerala media, accusing it of sensationalism. His half-comment was enough to validate the narrative being pushed by the Bajrang Dal, while keeping official distance.

The referral to the NIA court has created a legal maze for the nuns and their legal team. This is because the case now involves the NIA Act, it may be handed over to central investigative agencies. Bail procedures will become more complex, and hearings may be delayed. For the women still lodged in Durg Central Jail among convicted prisoners, without proper beds or medicine that could mean weeks, if not months, of continued incarceration.

A warning

The case, rights groups warn, is not just about one arrest.

If local activists can weaponise vague suspicions into full-blown criminal cases and back it with court referrals and ministerial silence then what happened in Bastar could become a blueprint for similar crackdowns elsewhere.