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 12,2020

Bengaluru, May 12: Last week, a 28-year-old, eight-months pregnant woman, was found murdered at her house, in Diburahalli. The woman was hacked to death with a machete during the day and was discovered only after her family members returned home, later in the day. After the alleged murder, the accused tried to destroy the evidence, by cleaning the crime scene, and wiping the bloodstains off the walls and floors.

The victim was a homemaker and her husband is employed in the railway department. The police suspected that the murder was a result of someone known to the woman and family, and were soon proved right. The woman was murdered by her own brother-in-law, frustrated with her for allegedly not taking care of his mother and other family members properly.

The victim has been identified as Jyothi, and the accused is her husband’s brother Hareesh Babu, 38. “Jyothi and the accused are alleged to have had differences for the past few years. Their fights kept escalating over the years. She had also informed her family and her husband about the regular fights with the brother-in-law. The accused had been advised by the family, to back off from Jyothi. Owing to his violent streak, Babu’s wife had deserted him and their son. Since his wife’s departure, he had started troubling his brother’s wife and was regularly picked a fight with her.

He complained that Jyothi neglected to take care of his mother and other family members. Investigations reveal these as false allegations, and in fact, Babu’s son was being raised by Jyothi,” said an officer on part of investigations.

Last week, when the victim was resting at home, the accused returned home at around 10.30 am and picked up a fight with her. The fight escalated and Babu ended up hacking her to death with a machete. The victim’s father Nagaraj, at the time of filing a complaint, mentioned Babu’s regular fights with Jyothi and suspected his role in the murder of his pregnant daughter.

The accused, after killing her, had gone to the farm and pretended to not knowing about the the happenings back home. Based on the complainant’s suspicion, the police picked up Babu. After a thorough interrogation, Babu reportedly confessed to the murder of his sister-in-law. The machete, which was used for Jyothi’s murder, was also recovered by the police team.

A case of murder under section 302 of the Indian Penal Code has been registered and further investigations are underway.

Comments

abdullah
 - 
Tuesday, 12 May 2020

Put this case in fast track and hang him immediately.  No mercy should be shown on such inhumans.

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News Network
July 25,2020

United Nations, Jul 25: UN report on terrorism has warned that there are “significant numbers” of ISIS terrorists in Kerala and Karnataka, noting that the al-Qaida in the Indian Subcontinent terror group, which reportedly has between 150 and 200 militants from India, Pakistan, Bangladesh and Myanmar, is planning attacks in the region.

The 26th report of the Analytical Support and Sanctions Monitoring Team concerning ISIS, al-Qaida and associated individuals and entities said that the al-Qaida in the Indian Subcontinent (AQIS) operates under the Taliban umbrella from Nimruz, Helmand and Kandahar provinces of Afghanistan.

“The group reportedly has between 150 and 200 members from Bangladesh, India, Myanmar and Pakistan. The current leader of AQIS is Osama Mahmood…, who succeeded the late Asim Umar… AQIS is reportedly planning retaliation operations in the region to avenge the death of its former leader,” it said.

According to the report, “One member state reported that the ISIL Indian affiliate (Hind Wilayah), which was announced on May 10, 2019, has between 180 and 200 members”.

It said that there are “significant numbers of ISIL operatives in Kerala and Karnataka states.”

In May last year, the Islamic State (also known as ISIS, ISIL or Daesh) terror group claimed to have established a new "province" in India, the first of its kind announcement that came after clashes between militants and security forces in Kashmir.

The dreaded terror outfit, through its Amaq News Agency, had said that the Arabic name of the new branch is "Wilayah of Hind" (India Province).

A senior Jammu and Kashmir police officer had rejected the claim.

Previously, ISIS attacks in Kashmir were linked to its so-called Khorasan Province branch, which was set up in 2015 to cover "Afghanistan, Pakistan and nearby lands". 

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News Network
July 18,2020

Bengaluru,  Jul 18: Union Minister for Chemicals and Fertilizers DV Sadananda Gowda on Friday said that Government of India headed by Prime Minister Narendra Modi has been extending all possible assistance to state government in their endeavour to combat the deadly coronavirus.

In a statement released after participating in a high-level meeting chaired by Chief Minister BS Yeddyurappa in Bengaluru today, Gowda said he shared his views with the state government on how to control the spread of COVID-19 in the state in general and Bengaluru in particular.

He said the Centre was in constant touch with the state government on the issue. The centre is more than happy to extend any help further if Karnataka requires so.

"Being a Union Minister handling the Pharmaceutical Department also, I am closely monitoring the medicine demand and supply situation across the country on a day-to-day basis. The availability of required medicines including HCQ and Paracetamol is satisfactory in all states including Karnataka. Also, there has been enough lifesaving drugs in our Jan Aushadhi Kendras all over India. Over 600 such outlets exist in Karnataka alone," he said.

"If there is any issue related to medicine shortage or overpricing, one can bring it to my knowledge or call PMBJP tollfree number 18001808080 or NPPA number 18001112550 / 011-23345118 / 011-23345122. The grievances will surely be resolved to everybody's satisfaction" added the minister.

With related to state governments or private agencies seeking to import emergency medicines, medical equipment etc., Gowda assured, we would facilitate required licences without any delay.

"I strongly feel that it is our collective responsibility to use everything in our armour to defeat the pandemic. We also seek public support in this mission. Together, we will win," he said.

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