You can’t question the legitimacy of Hadiya’s marriage: SC tells NIA

News Network
January 23, 2018

In what can be termed as an interim relief for Hadiya, a Hindu convert Muslim college student from Kerala, a three-judge bench of the Supreme Court upheld her right to select her husband and observed that the National Investigation Agency (NIA) cannot probe her marital status.

The court said that the NIA probe will not have any bearing on the legitimacy of Hadiya's marriage to Shafin Jahan which was annulled by Kerala High Court. The apex court will continue to hear the matter on 22 February.

"You can probe anything but not on marital status, marriage has to be separated from any criminal action, aspect and conspiracy, otherwise we will be creating a bad precedent," the bench headed by Chief Justice of India Dipak Misra said.

"We will only examine whether the court can cancel the marriage. We can't question the legitimacy of her marriage, it is Hadiya who will decide who is a good human being or bad," the judges said.

In November, the Supreme Court freed Hadiya from her parents, who had insisted that she had been brainwashed and forced to convert, and allowed her to resume her studies at a college in Tamil Nadu, where she was studying before she married Shafin Jahan.

After conversion to Islam, Hadiya had met Shafin through a matrimonial website and later they got married. Hadiya's parents refused to accept her marriage to Shafin Jahan, claiming that he wants to take her to Syria. Hadiya, who doesn’t even holds a passport has rubbished her parents charge as a blatant lie.

In May 2017, on the Hindu parents’ petition, the Kerala High Court annulled Hadiya's marriage and ordered her to go back to her parents. She was kept under house arrest for several months where she was allegedly tortured by her parents and Hindutva extremists groups.

Shafin Jahan had challenged the order in the Supreme Court, arguing that as an adult, she has the right to decide. In an interim order on a petition by Jahan challenging the high court verdict, the Supreme Court had on 27 November 2017 set Hadiya free from the custody of her parents. The apex court, however, did not accept her plea to be allowed to go with her husband.

Comments

Indian
 - 
Wednesday, 24 Jan 2018

NIA has been getting nice slaps from various authorities for false investigations. earlier it was against the peace promoter Zakir naik & now Hadiya's case. I think NIA has an influence by RSS to distroy the nation and our future generation. People of india should unite together & stand against any injustice to anyone irrespective of caste, religion or colour. 

Abu Muhammad
 - 
Tuesday, 23 Jan 2018

Sangeeth - you Feku's liar agent, RSS & BJP has direct links with ISIS ( Israeli Secret Intelligence Service) and NOT these poor couple (Haadia) has no Passport so far.

Truth
 - 
Tuesday, 23 Jan 2018

They spent many months for unwanted issue because of saffrons. Hadiya's father playing for saffrons. Let Hadiya and Shafin live peacefully

Danish
 - 
Tuesday, 23 Jan 2018

Why NIA and Hindutva org teasing Hadiya and her hus this much. Even we cant bear by listening their matter. Too bad

Sangeeth
 - 
Tuesday, 23 Jan 2018

Supreme court taking double standard. Their marriage may cause serious security issue. They have IS links

Suresh Kalladka
 - 
Tuesday, 23 Jan 2018

All because of Feku. Judiciary, economy everything feku destroyed. People loosing faith in justice and judiciary

Mohan
 - 
Tuesday, 23 Jan 2018

She is major. Why nobody listening her words. She can decide. She has the right.

Kumar
 - 
Tuesday, 23 Jan 2018

Good. tight slap on NIA.

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News Network
March 9,2020

Mangaluru, Mar 9: Deputy Commissioner Dakshina Kannada, Sindhu B Rupesh on Monday refuted reports that a passenger who arrived in Mangaluru from Dubai showed coronavirus symptoms had skipped a hospital visit.

While replying to reporters on the issue, Rupesh said: "Passenger who arrived from Dubai has not shown any coronavirus related symptoms. He just had a fever. He was shifted to district hospital last night, but he is not cooperating with us. He is not ready to stay in a hospital. We are convincing him".

"Till now, no positive case of coronavirus has been found in Mangaluru", she added.

Earlier, the Centre had suspended visas and e-visas granted on or before March 3 to people travelling from Italy, Iran, South Korea, and Japan, effective immediately, after a surge in cases of COVID-19 in these countries.

The coronavirus has affected 43 people in India so far and caused the deaths of over 3,800 people globally.

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News Network
June 10,2020

Mangaluru, Jun 10: A youth, who staged suicide drama at Netravati River Bridge near Thokkottu on the outskirts of the city, reportedly found alive in Shivamogga today.

Praveen Saphalya a 28-year-old man from Kurnad village in Bantwal taluk was missing since yesterday. His motorbike was found abandoned on the Netravati bridge at around 7:30 p.m. on Tuesday (June 9).

It was suspected that he had committed suicide by jumping off the bridge. Hence, police and fire fighters had launched a search operation for his body in the river with the help of divers on Wednesday morning.

Meanwhile, the missing person reportedly surfaced in Shivamogga this morning.

According to sources, Saphalya was working as salesman for SLRK Limited, is reportedly deep in debt. Unable to face the harassment of his creditors, he had parked the bike on the bridge and left the city, sources said. Local police are probing the matter.

Also Read: Mangaluru: 33-year-old man found dead on Netravati river bank

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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