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 30,2020

New Delhi, Mar 30: Congress MP Rajmohan Unnithan on Monday approached the Supreme Court seeking directions to open the Karnataka-Kerala border to allow movement of ambulances and other emergency vehicles for the transport of essential items to Kerala.

Unnithan, who is an MP From Kerala's Kasaragod constituency, filed a plea seeking direction to Karnataka to open the borders with Kerala and in particular Kasargod-Mangalore border at Talappadi.

The petition sought directions to Karnataka to allow the movement of ambulances, emergency vehicles, trucks and other vehicles carrying essential and non-essential items to Kerala. It also sought to stay the blockade imposed by Karnataka with its border states.

The plea also sought directions to Karnataka to register an FIR and constitute a special investigation team (SIT) under the supervision of this court to enquire against the concerned authorities including the police officials whose action led to the death of two citizens.

It said that the imposition of such a blockade at a time when the supply of commodities is itself hit hard and when a medical emergency has plagued the entire country is a clear violation of Articles 21 and 19(d) of the Constitution.

"This blockade has also resulted in cutting off the essential lifeline of National Highways and State Highways and major District Roads leading to the State of Kerala which has resulted in the shortage of supply of essential and non-essential items to the State of Kerala leading to shortage supply of food and medical supplies," the plea said.

"This ill-planned and dangerous blockade has claimed the life of a 70-year-old woman who was denied entry into Karnataka even for the purpose of urgent medical treatment which was only available in the medical hub of Mangalore. This is a clear case of violation of the right to life with dignity by the state as citizens are made to die on the roads because of the action of the state which is in total disregard to Article 21," it added.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus, which according to the Ministry of Health and Family Affairs has claimed the lives of 29 people and infected a total of 1071 people as on Monday morning.

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News Network
March 27,2020

Bengaluru, Mar 27: With the numbers of COVID-19 optimistic instances rising at an alarming price in Karnataka, the state is on the verge of coming into stage three of the coronavirus epidemic. Which means that the virus is spreading to individuals who haven’t any journey historical past to Covid-19 affected international locations or contact with a COVID-19 optimistic individual with such a historical past.
Consequently, authorities in Karnataka expect a surge in optimistic instances within the coming days. This surge is probably going to come from pockets throughout the state which have a lot of coronavirus suspects, primarily individuals who have returned from Covid-19 affected international locations.

Within the parlance of the corona epidemic fighters, these pockets are referred to as clusters. Bengaluru is one massive cluster with many suspects, a lot of whom are IT professionals who lately returned from Europe, USA and Australia, and many others. The coastal belt is one other cluster, with suspects who’ve lately travelled to Center East. There are different clusters in Karnataka, the place suspects are those that returned after a pilgrimage to Mecca.

Medical schooling minister Ok Sudhakar admitted that the speed of enhance of COVID-19 positives in Karnataka is alarming. For over a month, the state had restricted the variety of optimistic instances to single digits. Nevertheless, within the final 4 days, the quantity has gone up sixfold and Karnataka now has 55 instances, the third largest variety of COVID-19 optimistic instances within the nation.

Dr Sudhakar stated the federal government was changing each authorities hospital right into a quarantine centre to accommodate any variety of optimistic instances.

“Our goal just isn’t to get right into a scenario like Italy, the place the federal government has been lowered to expressing helplessness. In subsequent 20 days, now we have to keep away from moving into such a scenario. I visited Chinnaswamy and Kanteerava stadiums and we’re working out if the stadiums will be transformed into quarantine centres, if warranted,” Dr Sudhakar stated.

The state police are struggling to implement the lockdown due to non-cooperation from some folks. They plan to rope in celebrities to ship throughout the message on social distancing.

Whereas some with home-quarantine seals are discovered roaming within the streets, some nonetheless assume the lockdown is a vacation.

“We’re roping in film stars in addition to sports activities personalities to give out a critical message on COVID-19. If the message goes dwelling, it could assist us management folks to a big extent,” he added.

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News Network
January 7,2020

Kochi/Thiruvananthapuram, Jan 7: The Managing Director of Muthoot Finance company was injured after miscreants allegedly pelted his car with stones here on Tuesday morning following which one person was reportedly taken into custody.

George Alexander Muthoot, who suffered head injury has been admitted to a private hospital, police said.

A section of employees have been agitating against the Muthoot management over dismissal of 160 staff from the company's 43 branches across the state in December.

The protest is being held under the aegis of the Centre of Indian Trade Unions (CITU).

While the Muthoot management alleged that "CITU goons" were behind the attack that occurred at around 9 am in front of IG office here, the union leaders have maintained that they have no role in the incident.

Reacting to the incident, Labour Minister T P Ramakrishnan said he does not think any of the Muthoot employees were behind the attack.

"The employees were protesting peacefully. Violence is not part of their protest. Even now, in today's incident, I don't think any of the Muthoot employees attacked the MD.

However, it was the management of the company which had always provoked them by not implementing the decisions taken at conciliatory meetings," the Minister said.

If the management was prepared to change its stance, all the issues would be resolved, he said.

CITU leader Ananthavattom Anandan told reporters that they do not believe in such type of violent mode of agitation.

An official of the Confederation of Indian Industries Kerala chapter condemned the incident, saying "it is a matter of great concern".

Well known businessman and founder chairman and CEO of V-Guard Industries, Kochouseph Chittilappilly condemned the attack and said it was unfortunate that such incidents still continue in the state.

“Earlier also such incidents have taken palace. It's highly condemnable. The union leaders will now claim that the incident took place without their knowledge. But without the backing of union, such incidents will never happen,” he said.

Kerala-headquartered Muthoot Finance is the largest gold financing company in India.

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