Hadiya case: Shafin Jahan moves contempt plea against NIA in SC

News Network
November 20, 2017

Shafin Jahan, the husband of Kerala’s Hindu converted Muslim girl Akhila alias Hadiya has once again approached the Supreme Court with a plea to initiate contempt proceedings against the National Investigation Agency for investigating the case without the supervision of a retired Supreme Court Judge.

Jahan, who is fighting for justice for Hadiya, earlier had approached the apex court against Kerala High Court’s controversial judgment nullifying his marriage with her.

The Supreme Court, in the month of August, had ordered NIA investigation in the case under the supervision of former Supreme Court Judge Justice RV Raveendran. But Justice Raveendran later declined the assignment citing personal reasons.

The Petition alleges that the NIA has begun its investigation and has submitted its reports despite the refusal of Justice R.V. Raveendran to head the probe. Mr. Jahan brings to the notice of the Court the fact that he has been summoned by the NIA and contends that this is in violation of the spirit of the Court’s order directing Justice Raveendran to head the probe.

He then demands “stringent action” against the Agency and contends, “Therefore, since Respondent No.6/Contemnor has already commenced investigation without there being any authorized person overseeing such investigation and has already gone ahead and filed a Status Report, the same goes against the spirit of this Honourable Courts order dated 16.8.2017 and is in clear violation and gross contempt of the same. That such an investigation is clearly not fair and proper and more so is contemptuous and is against the orders and directions of this Hon’ble Court. Moreover NIA seems to be in a hurry to come to a different conclusion than which has been arrived at by IO, Dy. SP of Crime Branch of Kerala Police.”

The Petition further alleges that the reports released by the National Commission for Women (NCW) assessing Hadiya’s current state is “uncalled for”. NCW’s visit to Hadiya’s house has also been termed as one “made with a vested interest and malafide intent to prejudice the present proceedings”.

Meanwhile the NIA team has recorded the statement of Hadiya earlier this week. During the last hearing the Supreme Court directed Hadiya’s father Ashokan to produce her before the Court on November 27.

Comments

Hari
 - 
Monday, 20 Nov 2017

Shafin will win soon and he must. Kerala govt and SC will take favourable decision

Ibrahim
 - 
Monday, 20 Nov 2017

SDPI's influence in Hadiya matter is unavoidable. They made this more religious and they made situation to suspect Hadiya and Jahan

Mohan
 - 
Monday, 20 Nov 2017

Court procedures delay. It will take years to get justice. I think they can live together only when they get much more older/aged

Kumar
 - 
Monday, 20 Nov 2017

#Justice_for_Hadiya. Treat her as human being. Even animals get better freedom than Hadiya

Unknown
 - 
Monday, 20 Nov 2017

This guy, Jahan made everything complicated. He spoiled Akhila's life

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News Network
January 19,2020

Alappuzha, Dec 19: A Hindu couple, Anju and Sharath tied the knot at Cheruvally Muslim Jamaath Committee situated in Alappuzha district of South Kerala on Sunday.

The marriage took place as per Hindu rituals.

DH had earlier reported that the Jamaath Committee will conduct the marriage ceremony considering the request of the bride's mother, who hailed from a financially weak background.

Kerala Chief Minister Mr Pinarayi Vijayan shared the picture of the marriage on his social media post citing it as yet another instance of communal harmony in Kerala.

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News Network
February 20,2020

Mangaluru, Feb 20: A wild tusker was spotted in Kukke Subrahmanya town here, in the early hours of Thursday.

Range Forest Officer (RFO), Kukke Subrahmanya Tyagaraj said that it was seen walking from Kashi Kattte in the town to Nuchila around 0530 hours without creating any havoc.

The same elephant was spotted some days ago at Harihara, a small village town near Kukke Subrahmanya.

It has been roaming around in the forests nearby for some time now. So far, it had not caused disturbance to people nor had it damaged any property, Mr. Tyagaraj said.

Kukke Subrahmanya is on the foot of the Western Ghats.

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News Network
July 23,2020

Bengaluru, July 23: The High Court of Karnataka has directed the state government to formulate Standard Operating Procedure (SOP) for child protection, particularly for cases of child pornography and child missing.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice M Nagaprasanna passed a detailed order and asked the state government to submit compliance within three months.

The division bench passed the order on two PILs, including a suo motu litigation registered in 2018. The PILs were registered to ensure effective implementation of the directions of the Supreme Court on the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act).

The bench observed that in normal courses, courts do not issue writ of mandamus to the legislature on rule-making aspects. However, when the failure of the state is demonstrated under exceptional circumstances, courts can issue directions. The bench directed the state government to expedite the rule-making process to ensure proper implementation of the JJ Act.

The bench expressed displeasure on the insensitive police investigation in cases of child pornography. “The police machinery did not show the sensitivity expected from it while dealing with cases of alleged child pornography. Therefore, it will be appropriate if the state issues SOP or guidelines for dealing with cases of child pornography so that proper investigation is carried out in such cases. As we are directing the formation of SOP for dealing with child pornography cases, the state is also directed to formulate guidelines on child missing cases,” the bench said.

The bench had been issuing several directions since 2018 and has also been monitoring police investigations. The court observed that while the state government has incorporated several directions, some issues still remain unaddressed.

The bench directed the government to have dedicated staff for the Directorate of Integrated Child Protection Scheme considering the sensitive nature of work.

On working of Juvenile Justice Boards (JJB), the court asked the Registrar General of the Karnataka High Court to issue directions to the principal magistrates of all the JJBs in the state to sit on all working days for a minimum of six hours a day. 

The high court directed the state to exercise the rule-making powers for obtaining an annual report from the State Commission for Protection of Child Rights.

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