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 5,2020

Bengaluru, Apr 5: An elderly couple from Bengaluru

with a travel history to Dubai joined the list of coronavirus patients in the state, taking the total number of cases to 146, the health department said on Sunday.

The list includes four deaths and 11 discharges.

The 68-year old man and his 62-year old wife, hailing from Madiwala in the city, had returned from Dubai on March 22.

They were quarantined at a private hospital and have been asymptomatic.

Meanwhile, the government appealed to people who had attended the Tablighi Jamaat Congregation in New Delhi to contact 080-29711171 Arogya Sahayavani, the medical helpline number.

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coastaldigest.com news network
May 2,2020

Mangaluru, May 2: Ibrahim Musliyar Bekal, a prominent Muslim religeous leader in coastal Karnataka has urged the Dakshina Kannada district administration not to end the covid-19 lockdown before the end of the blessed month of Ramadan. 

The appeal comes in the wake of reports that the state government may allow opening of clothe shops during the month of Ramadan to felicitate Muslims for Eid shopping.

"Muslims in the district have completely cooperated with the district administration in making the lockdown sucessfull. They have refrained from going to mosque even for Juma and Taraveeh during Ramadan. Such a lockdown is necessary to contain the pandemic," said Musliyar, who is also the Khazi of Udupi and Chikkamagaluru.

If the district administration withdraws lockdwon or relaxes it, people in large numbers may storm cloth shops wherein it physical distancing will be difficult, Musliyar warned.

He said that Muslims in the region have decided to observe Eid ul Fitr, a festival which marks the end of the blessed month, in a simple way maintaining physical distance. Hence the lockdown should be relaxed only after the festival, he suggested.

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coastaldigest.com news network
April 22,2020

Newsroom, Apr 22: Dozens of Tablighi Jamaat members from across the country who have been successfully recovered and have now tested negative for the novel coronavirus have come forward and donate their plasma for the treatment of Covid-19 patients.

The Tablighis from Tamil Nadu were the first to take this decision. According to them, apart from helping the critically ill patients to recover from COVID-19, was to counter the ‘baseless accusations’ that Tablighis were responsible for the spread of the virus following the religious congregation of the sect held at Delhi’s Nizamuddin area last month.

Mohammad Abbas, a thirty-eight year old businessman from Tiruppur was on Sunday discharged from Coimbatore’s ESI hospital. “As soon as I got discharged, I met the district administration officials and the dean of the hospital and told them that they may contact me anytime if they needed me to donate my plasma,” Abbas was quoted as saying by an English daily.

“It has only been one day since I was discharged but I’ve already spoken to others (from the Jamaat) who have recovered and they were all ready to donate,” he added. 

Leader's call

Maulana Saad Kandhalvi, a prominent leader of Tablighi Jamaat, who has been booked by the Delhi Police for holding a religious congregation, too has appealed to coronavirus survivors to donate blood plasma for infected people.

In a letter issued on Tuesday, Saad said most of the members who were quarantined did not have any infection and they tested negative for COVID-19.

"Even from amongst the ones who tested positive for the disease, a majority of them have now undergone treatment and are now cured while I and a few others are still under quarantine.

"It is required that such people who are now cured of this disease should donate blood plasma to others who are still fighting the disease and are under treatment," he said.

He also has urged the followers of the organisation to pray at home in the month of Ramadan instead of going to mosques. 

Plasma therapy

Convalescent Plasma Therapy is an experimental procedure for COVID-19 patients.

In this therapy, the antibodies of a person who has recovered from the virus are taken and transfused into a sick person (having the virus) to help boost the person’s immune system.

The recovered COVID-19 patient’s blood develops antibodies to battle against COVID-19.

Once the blood of the first patient is infused to the second patient, those antibodies will start fighting against the coronavirus in the second person.

The process for donating plasma is similar to donating blood and takes about an hour.

Several countries around the world including the United Kingdom and the United States have also started plasma therapy trials.

In India, several states like Kerala, Gujarat and Punjab have already started using Plasma Therapy for the corona-infected patients.

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