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
May 11,2020

Mangaluru, May 11: The first evocation flight from Dubai to Mangaluru amidst corona crisis is expected to bring back 177 stranded Kannadigas, mainly residents of coastal Karnataka, on Tuesday, May 12.

All the international passengers have to undergo three mandatory upon their arrival at Mangaluru International Airport - the thermal test, pulse oximetry reading and swab test.

They will be categorised based on their health condition and sent to institutional quarantine, said Sindhu B Rupesh, deputy commissioner, Dakshina Kannada.

“Those with some health issues on arrival (Category A) will be ferried through ambulances to quarantine facilities and rest in buses,” she said.

Arriving passengers will be given the option to choose their quarantine home (lodge, hostel and service apartment) based on their budget and preference.

It is learnt that Dakshina Kannada district administration has kept ready close to 1,000 rooms. The tariff for quarantine facilities is between Rs 1,200 and Rs 4,500 (including food) per day.

As per the Karnataka government, as on May 6, about 10,823 stranded expatriates are expected to return home.

The CISF, airport authorities, health and police departments will make arrangements for the arriving repatriates at MIA.

Sindhu said that the district administration has no personal information about the arriving passengers and there is high probability that they may belong to other districts or the neighbouring Kerala.

“So far, the district administration has received the missive that 177 passengers will be landing on May 12. If we are given advance details about the expats from other districts/state, the district administration will alert them to make necessary arrangements,” she said.

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News Network
April 17,2020

Bengaluru, Apr 17: The Karnataka government on Friday asked Information Technology, biotechnology and allied companies not to go for closure or layoffs citing lack of work orders due to COVID-19 lockdown and instead consider measures like cutting salaries among other things.

It said IT/BT companies in the state can resume operations with 50 per cent from their office space after April 20.

Deputy chief minister C N Ashwath Narayan, who is also in charge of IT & BT department, held video consultation with the captains of the industry in light of the disruption caused due to the lockdown, and discussed on the way forward - both for effective implementation of the lockdown as well as the future course to deal with the unique circumstances.

"Immediately we are going to permit 50 per cent, but it doesn't mean that they will be able to mobilise 50 per cent immediately. It will take few weeks for them to do so. Gradually percentage will increase and it will start getting back to normalcy," Ashwath Narayan told reporters.

Stating that there were discussions regarding layoffs, he said, companies should not go for layoffs, instead of that gradation or deduction in the salary should be taken up, so that it doesn't affect the functioning of companies also that are facing less orders.

"On handling such financial crisis they (industry) wanted government consideration with mutual cooperation and understanding the concerns," he added.

Pointing out that concerns were also expressed regarding measures or protocol that needs to be followed if any positive cases are reported in any of the office spaces, Ashwath Narayan said, certain guidelines will be issued in consultation with the Health Department.

"Once the relaxation is given this may become the usual phenomena, as cases will be reported here and there... so in that scenario how we need to work and handle the situation is important, so we will be working on protocols how to handle the situation. So far we have planned for residential areas and not for work spaces," he said.

The deputy chief minister said the IT and BT industry leaders are extremely happy with regard to the support system or backup given by the government of Karnataka, particularly IT/BT department.

Even during this crisis period in the entire world, Karnataka and Bengaluru were able to get a good reputation and become reliable partner, as IT/BT service providers in both the city and the state were able to provide excellent quality services to their clients without any interruption, he said.

If you compare with any state or country, we have done extremely well, and hope that this would get more business, he added.

Biocon chief Kiran Mazumdar Shaw, Infosys co-founder Kris Gopalakrishnan, who is also the Chairman of Vision Group IT, were among others present at the video conferencing.

Noting that concerns expressed by the industry regarding passes for employees to commute to office, Ashwath Narayan said, the government would make necessary arrangements in this regard, considering measures that need to be taken after April 20.

Regarding providing transport facility, they can seek for services from public transport Bangalore Metropolitan Transport Corporation (BMTC) on a contract basis, he said, adding that "We will be ready to facilitate BMTC."

The minister said the industry leaders wanted internet services to continue with the same quality and without any interruption.

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coastaldigest.com news network
May 22,2020

Bengaluru, May 22: Karnataka reported 138 fresh cases of coronavirus on Friday, taking the state tally to 1743.

26 patients have been discharged on Friday and in total, 597 people have been discharged in Karnataka while total number of active cases in the state is 1,100. 41 people have succumbed to the virus, informed the state health department.

Out of the 138 cases, 111 are returnees from Maharashtra.Out of the 138 cases, 47 are from Chikkaballapura alone, 10 cases from Raichur eight cases each from Bidar and Mandya, five cases each from Bengaluru Rural and Bengaluru Urban, and 14 are from Hassan.

From Bengaluru Rural, three patients are returnees from Maharashtra. A fifty-five year old female from Bengaluru Rural, has contracted the virus and has been diagnosed with a history of SARI. She is currently under observation at a designated city hospital.

Five patients have tested positive from Bengaluru Urban. A 42-year-old woman tested positive in Bengaluru Urban and has been diagnosed with a history of Influenza-like Illness (ILI). She is currently under observation at a designated city hospital.

Two men, who have tested positive from Dharwad are returnees from Delhi. Both of them are currently under observation at a designated hospital in Hubli. A seventy-five year old male who has contracted the coronavirus has returned from Jharkhand.

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