How can Kerala HC annul mature Hadiya’s marriage, questions Supreme Court

News Network
October 3, 2017

New Delhi, Oct 3: The Supreme Court of India has finally questioned the controversial annulment of a mature Hindu-converted-Muslim girl’s marriage with a Muslim boy by the Kerala High Court and the legality of the girl's father forcibly keeping her in his custody for the past several months.

A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud asked how the High Court, on May 24, annulled the marriage of a woman, who has reached the age of majority, while exercising writ jurisdiction under Article 226, which is used to challenge violations of fundamental rights, legal rights and other basic rights.

Akhila alias Hadiya had stated in the Kerala High Court that she had embraced Islam on her own will and that she married Shafin Jahan, a Muslim man in 2016 as per Islamic Shariah. However the court had declared her marriage as "null and void" and forced her to go to her father’s house.

“We will hear logical and legal arguments on two issues - can the High Court nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra observed and posted the case for hearing on October 9.

Chief Justice Misra then turned to counsel for the girl’s father, observing “she is a 24-year-old woman. You cannot have control over her.”

The court said it could either appoint a loco parentis or send her somewhere safe. “The father cannot say he should have 24-hour custody of her,” Chief Justice Misra observed.

Additional Solicitor General Tushar Mehta for the NIA countered that the top court under Chief Justice Misra’s immediate predecessor, Justice (now retired) J.S. Khehar, had on August 16 transferred the case from the Kerala Police to the NIA, subsequent to findings that there was a “pattern” of such conversions and marriages in the State.

Senior advocate Dushyant Dave, appearing for the Muslim man, Shafin Jahan, strongly objected to the SC order for NIA investigation. Mr. Jahan has filed a plea for recall of the order.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities... Call the girl here, ask her,” Mr. Dave submitted.

The Kerala government, which had agreed in the SC to give the probe in favour of the NIA, also came forward wanting to file an affidavit. Former Supreme Court judge, Justice R.V. Raveendran, had refused the SC’s assignment to monitor the NIA probe.

Mr. Jahan’s recall petition requests the apex court to stop the NIA probe in light of subsequent events showing the girl converted of her own free will and she is being confined and “tortured” by her parents.

Mr. Jahan also sought a direction to be issued to the Director General of Police, (Law and Order), Trivandrum, Kerala to produce the girl before the Supreme Court.

His application, through advocate Haris Beeran, refers to an aired video shot by activist Rahul Easwar, featuring the girl objecting to her “house arrest”.

The application claimed that the acting president of the Kerala Human Rights Commission, P. Mohandas had gone on to make a statement that the girl “is undergoing immense human rights violation at her house”. Moreover, the application also quotes the chairperson of Kerala Women’s Commission, M.C. Josephine, indicating that there is “grave human rights violation in the case of the detenue (the girl) and that the commission is willing to act on a complaint”.

The application points out that the retired Supreme Court judge, Justice R.V. Raveendran, whom the Supreme Court had appointed to oversee the NIA investigation, has refused the assignment. It said that in the light of Justice Raveendran’s refusal, the NIA probe should be stopped as it would not be a fair one.

“NIA has already commenced investigation and already found a link, all without the guidance of Justice Raveendran, the worst fears of the petitioners have therefore been realised. That such an investigation is clearly not fair and is against the orders of the Supreme Court,” the application said.

It said that keeping the girl in custody against her will wherein she is not free to practice the religion she has chosen of her own free will is a clear violation of her fundamental rights,” it said.

It said that an NIA probe may not be required and “it is also clear that Respondent No.1 (the girl’s father) is blatantly infringing upon the right of the detenue to live a dignified life with all the liberty and freedom of a consenting adult of sound mind”.

Comments

Ahmed
 - 
Tuesday, 3 Oct 2017

There is no God but ALLAH and Muhammad pbuh is the final messenger of God...I request Non Muslims to come to truth.. just like Hadiya. We ask U to read & Ponder on ur vedas which says NA TASYA PRATIMA ASTI.. (There is no image of God) . God will definetely Guide those who are honest .

 

Ganesh
 - 
Tuesday, 3 Oct 2017

Laws are now not for protescting people. Its for destroying people. HC doing total injustice.

Suresh
 - 
Tuesday, 3 Oct 2017

Hats off Hadiya. You proved how brave you are. You waited, struggled alot. You will get your happiest life soon. Everybody with you. We love you.

Hari
 - 
Tuesday, 3 Oct 2017

Parents also against her. They are Cheddi followers. They imprisoned Hadiya. Except cheddis (rahul eswar and so on) not even friennds cant meet her. Her father not allowing to meet or talk

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coastaldigest.com news network
July 16,2020

Bengaluru, Jul 16: Chief Minister B S Yediyurappa led state government’s move to amend the Karnataka Land Reforms Act was “a scam bigger than illegal mining” as farm lands worth Rs 50,000 crore will be lost, according to Leader of the Opposition Siddaramaiah.

The government on July 13 promulgated an ordinance to amend the Karnataka Land Reforms Act, allowing non-agriculturists to buy agricultural lands while also increasing the cap on the extent of such land a person or a family can hold.

Plus, the amendment will have retrospective effect, meaning over 13,000 cases registered over the years for alleged violations in acquiring farm lands will be vacated or dismissed.

“There are 13,814 cases across all 30 districts. Let’s assume that each case involves four acres of land. That’s 52,000 acres. These are lands worth Rs 45,000-50,000 crore,” Siddaramaiah told a news conference. “This is a scam bigger than illegal mining. While the mining scam had specific players, here the entire government has fallen for the corporate bodies and real estate lobby.”

The illegal mining scam unearthed when the BJP was in power was pegged at Rs 35,000 crore, which became a poll plank for the Congress to come to power in 2013.

Calling it a “black” legislation, Siddaramaiah said the amendments to the land reforms law will result in large portions of farm lands becoming real estate. “This will destroy the farming community. They’ll now have to stand at the doors of corporate bodies. Farmers will sell their land and real estate will come. What’ll happen to food production?” he said.

The ordinance amends Section 63 and 80 of the Act, while omitting Sections 79A, B and C. “These sections were inserted in 1974 under the D Devaraj Urs government. It was a revolutionary, progressive step to protect farmers and ensure social justice,” Siddaramaiah said.

The Congress leader claimed that there was a “biggest conspiracy” behind this. “All this is being driven by the Modi government. They want to privatize more and more so that reservations will go. They want to bring back the zamindari system,” he said, citing the examples of some other recent amendments to other laws.

The timing of the ordinance is suspect, he said. “If the Yediyurappa government really wanted to help farmers and had good intentions, they could’ve brought this before the Assembly or placed it for public discussion. Instead, they’ve made use of the lockdown period to promulgate the ordinance,” he said.

The Congress will fight the ordinance till it gets withdrawn, Siddaramaiah said. “We will talk to other parties, farmers organisations and Dalit groups to plan protests against the BJP’s hidden agenda and anti-farmer policies,” he added.

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News Network
July 19,2020

Davangere, Jul 19: A 9-year-old sniffer dog ran 12 km in the night to trace a murder accused and helped the police arrest him in Karnataka's Davangere rural area, an official said on Sunday.

"Doberman Pincher Tunga ran 12 km non-stop from the crime spot at Basavapattana in the city to a house at Kashipur in the rural where murder accused Chethan, 25, was hiding and helped us arrest him on July 17," Davangere Police Superintendent Hanumantha Rai said on phone.

Davangere is 260 km northwest of Bengaluru.

"Though Chethan allegedly shot dead his friend Chandra Nayak with a stolen service revolver on July 10 over sharing the booty (gold ornaments) of the theft they had committed recently with two others. We took female dog Tunga to the crime spot on July 16. She led the sleuths to the area where Chethan was hiding with two accomplices," Rai recalled.

While trained sniffer dogs normally run 4-5 km from a crime spot, Tunga could track the accused 12 km away.

When Tunga's handler (Head Constable Prakash) took her to the crime scene at 9.30 pm, she sniffed around and ran 12 km non-stop to Kashipur. She halted at a wine shop and went to a food joint later. Then she stopped at a house nearby at 12.30 am.

The prime accused (Chethan) was present in the house of his relative. He was arrested after he confessed to the theft and the murder.

The police are on the hunt to trace Chethan's two accomplices who fled from the house they were hiding in.

Karnataka Additional Director General of Police (law and order) Amar Kumar Pandey felicitated Tunga on July 17 at a function here for cracking the murder case with its exceptional sniffing traits.

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News Network
January 16,2020

Mangaluru, Jan 16: The Akhil Bharatiya Vidyarthi Parishad is holding rallies and meetings and distributing booklets across the country in support of the Citizenship (Amendment) Act, said ABVP National Secretary Harsha Narayan here on Thursday.

Speaking to media persons, he said that the CAA, which provides citizenship to Hindus, Buddhists, Sikhs, Parsis, Jains and Christians persecuted in Pakistan, Afghanistan and Bangladesh, was among the things that the ABVP was fighting for.

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