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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News Network
May 29,2020

Bantwal, Karnataka, May 29: Vitla Police have registered a case against four persons, including a Bajrang Dal leader, on charges of assaulting a boy and forcing him to chant 'Jai Shree Ram', video of which had gone viral on social media.

Police said on Friday that the accused have been identified as Bajrang Dal leader Dinesh, a resident of Kanyana, and two 16-year-old youngsters from Kolnadu village and a 17-year-old boy from Kanyana village. The victim of the assault has been identified as the first PUC student of Kudtumugaru.

On April 21, at around 11 am, four accused waylaid the boy's bike and started abusing him. They then dragged the boy to Kadumath High School grounds and assaulted and posed life threat. Besides, they forced him to chant ''Jai Shree Ram,'' he stated in the complaint.

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News Network
May 3,2020

Bengaluru, May 3: Karnataka Education Minister S Suresh Kumar on Saturday said that those who want to travel from other states to Karnataka and vice-versa must register on 'Sevasindhu' website.

"Those who want to travel from other states to Karnataka and from Karnataka to other states must register on 'Sevasindhu' website, then all intimation will be shared from the government side," Kumar said.

Karnataka Health Department on Saturday said that three deaths and 12 new COVID-19 cases were reported in last 24 hours in the state.

According to the Health Department, the total number of coronavirus positive cases in the state is now 601. 271 patients have either been cured or discharged. The virus has killed 25 people so far in the state.

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coastaldigest.com web desk
May 12,2020

Mangaluru, May 12: The first repatriation flight to Mangaluru from Dubai with nearly 180 passengers landed at the international airport here. 

The total passengers, including 88 men, 84 women, five children and two infants arrived by the Air India Express flight IX 384 late Tuesday night, airport sources said.

There were 12 medical emergency cases and 38 pregnant women among them, they said. The district administration had made arrangements for receiving the passengers, who were provided with sanitizers and masks. They were advised to maintain social distancing as per the health protocol.

All the foreign returnees were screened as per the standard operating procedure to ensure that they were asymptomatic.

The passengers were taken to their chosen place of accommodation in KSRTC buses. They will be undergoing a 14-day quarantine in the places, which will be monitored by doctors assigned by the health department. More than 17 hotels and 12 hostels have been arranged for the accommodation of the returnees.

Passengers were also asked to download the mandatory 'Aroygya Sethu' app for contact tracing. Rahul Shinde IAS who is in charge of arranging quarantine facilities, airport director V V Rao and district health officer Ramachandra Bairy were present at the airport.

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