Hadiya marriage: Kerala govt rubbishes NIA’s shocking claims

coastaldigest.com news network
October 7, 2017

Kasaragod, Oct 7: The Kerala state government has  Kerala rejected the claims made by the Centre's National Investigation Agency (NIA) in the Supreme Court that the Hadiya case, involving conversion of a Hindu woman to Islam and her marriage to a Muslim man, is part of a “pattern” of religious conversions and radicalisation happening in the southern State.

In fact, Pinarayi Vijayan-led CPI (M) government said the Kerala Police was doing an “efficient” job investigating the Hadiya case until the Supreme Court intervened and, believing the NIA’s claims, transferred the investigation to the central agency.

In an affidavit filed in the Supreme Court, the Kerala government said the investigation conducted by the State Police had not revealed any offences which warranted an NIA probe.

"The investigation conducted so far by the Kerala Police has not revealed any incident relating to the commission of any scheduled offences to make a report to the Central Government under Section 6 of the National Investigation Agency Act, 2008," the affidavit filed by Subrata Biswas, the State's Additional Chief Secretary, Home Department, said under oath to the Supreme Court.

The State questioned the sudden transfer of the case to the NIA, saying the State Police Chief had already entrusted the investigation to the Additional Director General of Police (Crimes) and directed to constitute a Special Investigation Team.

A comprehensive probe was already on into various aspects, including the conversion of the woman to Islam, the religious institutions and persons involved, the persons she was in contact, the family background and criminal antecedents of the man she married to, Shafin Jahan, the financial arrangements and other details of their alleged marriage, and finally, if the case involved any attempts of trafficking Hadiya to outside the country.

"The Kerala Police had conducted a thorough investigation in an efficient manner. The Kerala Police is competent to conduct the investigation in such crimes and would have reported to the Central government if any scheduled offences were found to have been committed as per the provisions under the NIA Act," the affidavit said.

On August 16, when the case was transferred to the NIA, then Chief Justice of India J.S. Khehar made a blunt remark to the Kerala government counsel that "we think you (Kerala Police) may take sides. So we asked the NIA for their inputs’’.

The court had wanted the NIA to give inputs after going through the files of the Hadiya case. Additional Solicitor General Maninder Singh, for NIA, had then returned to submit to the court that the Hadiya case was "not an isolated case and we have come across another case with a similar pattern and involving the same people who are acting as instigators".

However, the Supreme Court Bench on October 3, this time led by Chief Justice Dipak Misra, had done a virtual U-turn by questioning the August 16 order for NIA probe.

The Bench led by Chief Justice Misra also prima facie found that the Kerala High Court had no authority to annul the inter-religious marriage between Jahan and Hadiya.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities,” senior advocate Dushyant Dave and advocate Haris Beeran, for Jahan, had argued.

The apex court had further questioned the legality of girl's father keeping her in his custody for the past several months.

“We will hear logical and legal arguments on two issues — can the HC nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra had observed, posting the case for hearing on October 9

Comments

Abdullah
 - 
Sunday, 8 Oct 2017

Narendra Investigation Agency(NIA).

 

They plan Allah plan, and Allah plans. Surely Allah is the Best of Planners. -Qur'an 8:30

Ibrahim
 - 
Saturday, 7 Oct 2017

The same strategy they used in Dr. Zakir Naik's matter. NIA targeting ZN

Sooraj
 - 
Saturday, 7 Oct 2017

True.. NIA taking biased decisions. Many cheddi people visited Hadiya's house but even friends cant go to her house because of security restrictions

Kumar
 - 
Saturday, 7 Oct 2017

NIA working as Modi's right hand.. 

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Ram Puniyani
February 22,2020

This January 2020, it is thirty years since the Kashmiri Pundits’ exodus from the Kashmir valley took place. They had suffered grave injustices, violence and humiliation prior to the migration away from the place of their social and cultural roots in Kashmir Valley. The phenomenon of this exodus had been due to the communalization of militancy in Kashmir in the decade of 1980s. While no ruling Government has applied itself enough to ‘solve’ this uprooting of pundits from their roots, there are communal elements who have been aggressively using ‘what about Kashmiri Pundits?’, every time liberal, human rights defenders talk about the plight of Muslim minority in India. This minority is now facing an overall erosion of their citizenship rights.

Time and over again in the aftermath of communal violence in particular, the human rights groups have been trying to put forward the demands for justice and rehabilitation of the victim minority. Instead of being listened to those particularly from Hindu nationalist combine, as a matter of routine shout back, where were you when Kashmiri Pundits were driven away from the Valley? In a way the tragedy being heaped on one minority is being justified in the name of suffering of Pundits and in the process violence is being normalized. This sounds as if two wrongs make a right, as if the suffering Muslim minority or those who are trying to talk in defense of minority rights have been responsible for the pain of Kashmiri Pundits.

During these three, many political formations have come to power, including BJP, Congress, third front and what have you. To begin with when the exodus took place Kashmir was under President’s rule and V. P. Singh Government was in power at the center. This Government had the external support of BJP at that time. Later BJP led NDA came to power for close to six years from 1998, under the leadership of Atal Bihari Vajpayee. Then from 2014 it is BJP, with Narerda Modi as PM, with BJP brute majority is in power. Other components of NDA are there to enjoy some spoils of power without any say in the policies being pursued by the Government. Modi is having absolute power with Amit Shah occasionally presenting Modi’s viewpoints.

Those blurting, ‘what about Kashmiri Pundits?’ are using it as a mere rhetoric to hide their communal color. The matters of Kashmir are very disturbing and cannot be attributed to be the making of Indian Muslims as it is being projected in an overt and subtle manner. Today, of course the steps taken by the Modi Government, that of abrogation of Article 370, abolition of clause 35 A, downgrading the status of Kashmir from a state to union territory have created a situation where the return of Kashmiri Pundits may have become more difficult, as the local atmosphere is more stifling and the leaders with democratic potential have been slapped with Public Safety Act, where they can be interned for long time without any answerability to the Courts. The internet had been suspended, communication being stifled in an atmosphere where democratic freedoms are curtailed which makes solution of any problem more difficult.

Kashmir has been a vexed issue where the suppression of the clause of autonomy, leading to alienation led to rise of militancy. This was duly supported by Pakistan. The entry of Al Qaeda elements, who having played their role against Russian army in 1980s entered into Kashmir and communalized the situation in Kashmir. The initial Kashmir militancy was on the grounds of Kashmiriyat. Kashmiriyat is not Islam, it is synthesis of teachings of Buddha, values of Vedant and preaching’s of Sufi Islam. The tormenting of Kashmiri Pundits begins with these elements entering Kashmir.

Also the pundits, who have been the integral part of Kashmir Valley, were urged upon by Goodwill mission to stay on, with local Muslims promising to counter the anti Pundit atmosphere. Jagmohan, the Governor, who later became a minister in NDA Government, instead of providing security to the Pundits thought, is fit to provide facilities for their mass migration. He could have intensified counter militancy and protected the vulnerable Pundit community. Why this was not done?

Today, ‘What about Kashmiri Pundits?’ needs to be given a serious thought away from the blame game or using it as a hammer to beat the ‘Muslims of India’ or human rights defenders? The previous NDA regime (2014) had thought of setting up enclosures of Pundits in the Valley. Is that a solution? Solution lies in giving justice to them. There is a need for judicial commission to identify the culprits and legal measures to reassure the Pundit community. Will they like to return if the high handed stifling atmosphere, with large number of military being present in the area? The cultural and religious spaces of Pundits need to be revived and Kashmiryat has to be made the base of any reconciliation process.

Surely, the Al Qaeda type elements do not represent the alienation of local Kashmiris, who need to be drawn into the process of dialogue for a peaceful Kashmir, which is the best guarantee for progress in this ex-state, now a Union territory. Communal amity, the hallmark of Kashmir cannot be brought in by changing the demographic composition by settling outsiders in the Valley. A true introspection is needed for this troubled area. Democracy is the only path for solving the emigration of Pundits and also of large numbers of Muslims, who also had to leave the valley due to the intimidating militancy and presence of armed forces in large numbers. One recalls Times of India report of 5th February 1992 which states that militants killed 1585 people from January 1990 to October 1992 out of which 982 were Muslims and 218 Hindus.

We have been taking a path where democratic norms are being stifled, and the promises of autonomy which were part of treaty of accession being ignored. Can it solve the problem of Pundits?

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News Network
June 5,2020

Bengaluru, Jun 5: Karnataka Chief Minister B S Yediyurappa on Thursday said government employees and owners of tractors and other vehicles must return the BPL ration cards immediately, failing which stringent legal action would be initiated against them.

The CM issued directions in this regard to officials as he conducted a review meeting of the Food and Civil Supplies and Consumer Affairs department today. Proper supply of ration must be ensured to eligible beneficiaries and action has to be taken to prevent misuse of the facility by those not eligible, Yediyurappa was quoted as saying by his office in a release.

Nearly 63,000 ration cards were cancelled before the COVID-19 outbreak, he noted and directed officials to initiate a campaign to cancel all illegal ration cards. "this campaign would help in curtailing the financial burden on the State's reserves," he added.

In the backdrop of coronavirus pandemic, both the Central and State governments have distributed sufficient quantities of ration, and about 95 percent ration cardholders have availed the benefit, the release said. Under the Chief Ministers Anila Bhagya Scheme, 98,079 beneficiaries have been given 3 gas cylinders free of cost, it said.

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News Network
April 9,2020

Gadag, Apr 9: An 80-year-old woman who tested positive for COVID-19 passed away on Thursday due to cardiac arrest in Gadag, the district's Deputy Commissioner said.

She also had a history of Severe Acute Respiratory Infection (SARI). Her body was disposed of as per the protocol, officials said.

According to the Karnataka Government, 10 new positive cases have been reported in the State today, taking the total COVID-19 cases to 191, including 28 discharged patients and six deaths.

With an increase of 540 positive COVID-19 cases reported in the last 24 hours, India's tally of coronavirus cases has risen to 5,734, said the Ministry of Health and Family Welfare on Thursday.

Out of the 5,734 cases, 5,095 are active COVID-19 cases and 472 patients have recovered while 166 have died.

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