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
March 22,2020

Bengaluru, Mar 22: The Karnataka government on Sunday afternoon announced that 9 districts in the State will be under lock down till March 31, barring essential services. It also announced imposition of Section 144 across the state for 3 hours - between 9 p.m. (when the "Janata curfew" will end) to 12 midnight.

The nine COVID-19-affected districts are Bengaluru, Bengaluru Rural, Mysuru, Kodagu, Dakshina Kannada (Mangaluru), Dharwad, Belagavi, Kalaburgi and Chikkablapur.

Announcing these measures after attending a meeting chaired by Chief Minister B. S Yeddyurappa, Home Minister Basavaraj Bommai said that there will be no commercial activity in these districts till March 31.

Inter-district movement, including public transport will be restricted. "Public transport will not work across the state tomorrow too. Air conditioned buses will be stopped till March 31," he added. He also clarified that while public transport, including KSRTC, BMTC and Namma Metro, will be withdrawn, private transport services such as cabs and autos will continue to ply.

According to Mr. Bommai, the State government will put in place further measures next week depending on how the situation will unfold in the State and the neighbouring States.

"Government offices will be operational in the State, including in the nine COVID 19-affected districts. As per the current schedule, the legislature sessions will also continue. Pourakarmikas will be working at 50% strength," he added.

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News Network
March 5,2020

Bengaluru, Mar 5: Karnataka chief minister BS Yediyurappa on Wednesday admitted in the legislative assembly that corruption was deep-rooted in government offices and held transfer racket as the root cause of the graft menace.

“Unless we root it out from the system, we can never uphold the spirit of the Constitution and ensure equitable justice to people. If legislators lend support (to this cause), then we can weed out this menace,” Yediyurappa said during a special discussion on the Constitution.

Successive governments have been accused by opposition parties of running a transfer racket, but there’s very little done to institute a probe or order a crackdown following the allegations.

The chief minister’s candid admission came after senior Congress MLA HK Patil, quoting a report from Amnesty International, said 63% of people in Karnataka give bribe to get their work done in government offices. The CM said he agreed with the report in toto.

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News Network
April 16,2020

Bengaluru, Apr 16: The lockdown in the wake ofthe coronavirus pandemic has turned out to be a deeply painful story for the Kannada film industry.

Schedules have gone awry following the stay-at-home curbs and operators in Sandalwood, as the industry is popularly known as, say about 100 films under production are affected.

They include big budget movies- 'Raja Veera Madakari Nayaka', 'Kotigobba 3', 'Robert' and 'Yuvaratna.'

Noted producer Rockline Venkatesh told P T I that the loss to the industry is to the tune of hundreds of crores of rupees.

In addition, it's a challenge for producers to secure the content of their movies from "piracy and leak" during long periods of time before their release, Venkatesh, who is Secretary of Karnataka Cine Artistes' Association, said.

A leading distributor said even after the lockdown is lifted and situation returns to normalcy, it remains a big question if investment in film business will pay off at all.

"People don't have money. We will know the impact when things become normal. Questions many ask if people will return to cinema halls like the way they did before or they prefer to stay away from crowd."

Venkatesh, who had also produced Rajinikanth-starrer 'Lingaa' and co-produced 'Bajrangi Bhaijaan' with Salman Khan in the lead role, said it would take at least one to one-and- half years for the industry to be back on its legs.

"That too if the government does hand-holding but if the industry faces a bad hit in terms of income tax and GST and other taxation, 80-90 per cent of the industry will face closure," he said.

"It does not matter if the government does not help the industry but they should not trouble us with things like IT and GST," Venkatesh, who is also a distributor and artiste, said.

A top director said people's "behaviour" towards movies is crucial for the industry's health in the post lockdown scenario.

"With people likely to shy away from going to malls, cinema theatres because of large gatherings there, it's going to be a long road to recovery for us", an industry insider said.

Striking a philosophical tone, Venkatesh said all that people worry now is to save their life and keep good health, adding, amassing money and wealth is the last thing on their mind.

Producers Soorappa Babu and Umesh Banakar, who is also Vice-President of the Karnataka Film Chamber of Commerce, told P T I that the industry has taken a huge hit.

Banakar said the loss to the industry due to the lockdown is at least Rs 1,000 crore.

"The coronavirus has affected the entire world. We don't know what to do; we just have to wait," Soorappa Babu, producer of Kiccha Sudeep-starrer 'Kotigobba 3', said.

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