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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 9,2020

Bengaluru, May 9: A three-year-old boy was killed by a leopard in the early hours of Saturday in Magadi taluk near Bengaluru.

According to police, the boy identified as C Hemanth, was sleeping with his parents - Chandrasekhar and Mangalagowramma - outside his grandfather Chikkanna's residence at Kadaraiana Palya.

The couple, residents of Dodderi, near Big Banyan Tree (Dodda Alada Mara), had been staying at Chikkanna's [Mangalagowramma's father] residence since past a few days following the outbreak of COVID-19 epidemic in Bengaluru.

Some of the family members, with the child, had slept outside the residence on Friday as the temperature was high. The feline might have taken the child between 1.30 a.m. and 4 a.m., and killed it on the outskirts of the village, said the sources.

After a frantic search, family members and villagers found the mutilated body of the child in the early hours. The leopard had left the partially devoured body on the outskirts of the village, added the sources.

According to the villagers, many felines have been prowling in the area, probably arriving from forests around Magadi and attached areas, for the last several weeks.

The Forest Department officials said that they have launched an exercise to trap the animal by placing cages with live baits.

According to preliminary investigations, the child was killed by a leopard. Pugmarks were found near the body. A detailed investigation and post-mortem report will find the exact cause for the death.

The incident has sent shockwaves in the vicinity of the village. According to the sources, people are planning to launch a protest to condemn the killing of the boy.

Minister for Forest and Environment B.S. Anand Singh has announced a compensation of ₹7.5 lakh to the family of the victim.

Accompanied by Bengaluru Rural Lok Sabha member D.K. Suresh, Magadi legislator Manjunath and senior officials, Mr. Singh visited the place on Saturday morning.

Addressing media persons, he said that the department has decided to start combing operations for the leopard.

Mr. Suresh said the leopard might have come from Thippagondanahalli reservoir's catchment area on the outskirts of Bengaluru. The leopard has already tasted the blood of the child and hence the department should initiate immediate action [as the chances of the feline becoming a man-eater is high, Mr. Suresh added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 16,2020

Bengaluru, Mar 16: A 23-year-old mobile app developer was arrested on Saturday for allegedly forging the signature of Infosys Foundation chairperson Sudha Murty to rope in Telugu actor Vijay Devarakonda as an app’s ambassador.

The arrest of Laveti Sai Krishna alias Krishna ML, a resident of Hyderabad, comes a year after the case was registered. Jayanagar police registered a case against Krishna on February 26, 2019 based on a complaint filed by Lt Col (retd) M Ramesh, representative of Infosys Foundation. The complaint was filed after the forged letter didn’t reach Devarakonda and came back to Infosys Foundation instead.

App developer is a B.Pharma holder

“We conducted an investigation and traced the app designer. We caught him and based on information provided by him, we learnt that Krishna was the brain behind the forged signature,” a senior police officer said.

Krishna confessed that he developed a mobile app — ‘Offer nearby’ — and planned to launch it in a big way. He wanted Telugu actor Vijay Devarakonda to be the app’s brand ambassador and tried contacting him. Krishna, however, was unable to meet Vijay.

Krishna then thought he could easily reach the actor if he sent a recommendation letter in the name of Sudha Murty.

“He forged the letterhead of Infosys Foundation and Sudha Murty’s signature. We are verifying his antecedents to know if he committed any other offence earlier,” said Rohini Sepat-Katoch, DCP (south). Rohini said Krishna is a B.Pharma holder and worked with an advertisement firm. Later, he planned to develop an app that provides details of offers for retail customers. He floated Laveti Technologies, and with help from a friend, developed ‘Offer nearby’.

As per the complaint, Krishna created a fake letterhead in the name of Sudha Murty and wrote to Devarakonda, asking him to become the brand ambassador/ partner for his mobile app. Krishna sent it through SpeedPost mentioning the sender’s address as Infosys Foundation. Krishna’s game was up when the letter, which wasn’t delivered to Devarakonda, came back to Infosys Foundation.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 14,2020

Bengaluru, Apr 14: Karnataka Labour Department has issued an order instructing public and private establishments not to cut salaries or lay off employees during the lockdown imposed to counter Coronavirus.

In view of Covid-19, there may be incidents where services of employees or workers may be dispensed with on the pretext of the disease or employees may be forced to go on leave without pay, the Ministry of Labour and Employment said.

Legal action will be initiated if any establishment violates this advisory, Labour Department Secretary P Manivannan said in a statement issued here on Tuesday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.