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
April 28,2020

Bengaluru, Apr 28: A local court in Karnataka on Tuesday granted bail to a CRPF commando who was arrested by state police officials for alleged assault on them during COVID-19 lockdown duty, a charge contested strongly by the paramilitary.

The jawan has been taken to the jungle warfare training school of the paramilitary force in Belagavi district, a senior official said.

Constable Sachin Savant of the 207th CoBRA battalion was granted regular bail by a court located in Chikodi taluka of the district, he said.

A team of CRPF and CoBRA officials were present in the court during the proceeding during which the state police did not oppose the bail, the official said.

The commando was arrested by police on April 23 from Examba village (Belagavi district) when he was washing his bike outside his house without wearing a mask, as required under the coronavirus prevention protocol.

An altercation and physical fight took place between the two sides, following which the trooper was taken to the local police station and arrested.

The Central Reserve Police Force (CRPF) had on Monday taken up the case with the Karnataka director general of police (DGP), calling the incident "unpleasant".

The CRPF letter said commando Savant was "manhandled, ill-treated, paraded to the police station barefooted, kept in chains and handcuffs" by police personnel and sought the intervention of state Director General of Police Praveen Sood.

The paramilitary had said that from the scrutiny of a viral video on social media of the incident "it is apparent that the conduct of the police personnel was not citizen-centric".

A police report had said the CoBRA commando "started the altercation" with the beat constable and another policeman accompanying him, and "assaulted" them.

As per the official Twitter handle of the Karnataka DGP's on Monday evening, "IGP (inspector-general of police) Belagavi has been asked to enquire into the incident involving the CRPF constable and action will be taken against guilty after receipt of the report".

The Commando Battalion for Resolute Action (CoBRA) unit of the CRPF specialises in guerrilla tactics and jungle warfare.

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News Network
March 7,2020

Bhopal, Mar 7: Independent MLA Surendra Singh Shera on Saturday said that he was not in any kind of captivity in Bengaluru and he will meet Chief Minister Kamal Nath soon.

"I was in Bengaluru for my daughter's medical treatment. I was not in any kind of captivity. I will meet CM Kamal Nath soon," Shera told reporters here upon returning to Bhopal from Bengaluru.

Earlier, Rajya Sabha MP and senior Congress leader Digvijaya Singh alleged that the BJP had escorted four Madhya Pradesh MLAs, including three from his party, to Bengaluru.

"Last night, two charter planes were booked by BJP to take MLAs to Bengaluru. One was a 9-seater plane while the other was 12-seater. In the 12-seater plane, four MLAs were taken to Bengaluru. Out of them, three Congress MLAs Bisahulal Singh, Raghuraj Kansana and Hardeep Dang and one Independent MLA Surendra Singh Shera," Singh had said.

He has accused BJP of resorting to horse-trading in order to bring down the Kamal Nath government.

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News Network
July 9,2020

Bengaluru, Jul 9: The total number of Covid-19 infections in Karnataka on Thursday breached the 30,000 mark as the state reported its biggest single-day spike of over 2,200 new cases and 17 related fatalities, taking the death toll to 486, the Health department said.

The day also saw a record 957 patients getting discharged after recovery, out of which 606 were from Bengaluru Urban.

Out of the 2,228 fresh cases reported on Thursday, a whopping 1,373 were from Bengaluru Urban alone.

The previous biggest single-day spike was recorded on July 8 with 2,062 cases.

As of July 9 evening, cumulatively 31,105 Covid-19 positive cases have been confirmed in the state, which includes 486 deaths and 12,833 discharges, the Health department said in its bulletin.

It said, out of 17,782 active cases, 17,325 patients are in isolation at designated hospitals and are stable, while 457 are in ICU.

"Death rate in Karnataka is 1.49 percent, while in Bengaluru is 1.28 percent, and our target is to bring it below 1 percent," Medical Education Minister K Sudhakar told reporters.

"The reason for spike in cases in Bengaluru and other places in recent days is because during the last four months of lockdown we had controlled it very well, but as we relaxed lockdown for economic activities we did not follow certain precautionary measures like distance among other things," he said.

The Minister also conceded that there were lapses on part of the government also in terms of tracing and tracking.

"It has to be improved especially in Bengaluru and we are taking steps in this regard."

Among the 17 dead seven were from Dharwad, two each from Hassan, Kalaburagi, Mysuru, and one each from Raichur, Uttara Kannada, Tumakuru and Davangere.

The deceased include 13 men and 4 women.

The dead are all either with a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI).

Out of 2,228 fresh cases today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 1,373, followed by Dakshina Kannada (167), Kalaburagi (85) and Dharwad (75).

Bengaluru urban district tops the list of positive cases, with a total of 13,882 infections, followed by Kalaburagi (1,901) and Dakshina Kannada 1,701.

Among discharges Bengaluru urban tops the list with total 2,834, followed by Kalabuagi (1,392) and Udupi (1,206).

A total of 7,79,209 samples were tested so far, out of which 20,028 were tested on Thursday alone.

So far 7,28,887 samples have been reported as negative, and of them 17,568 were reported negative today.

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