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 20,2020

Bengaluru, Apr 20: Karnataka Chief Minister BS Yediyurappa on Monday came down heavily on Congress legislator BZ Zameer Ahmed Khan over the Padarayanapura vandalism that saw a mob run amok against efforts to quarantine suspected COVID-19 persons late on Sunday evening. 

Khan, who represents the Chamarajpet constituency where Padarayanapura is located, said that authorities should have gone to the area during day time.

“Who is he to say that? What does he have to do with this? Why should we ask him? Should we get his permission to carry out government work? Instead of saying that action should be taken, he is speaking like this. Should we then think that he incited the mob? This is the height of being irresponsible,” Yediyurappa said. 

Following the violence, the police have arrested 54 persons and “five more will be arrested,” Yediyurappa said.

Khan clarified that he did not defend those who indulged in vandalism. “I condemn the incident and action should be taken. I’m not saying officials shouldn’t have gone. My point is that they should’ve gone during the day and by creating awareness beforehand that people need to be quarantined,” he said, adding that the BBMP had identified 57 people to be quarantined in Padarayanapura. 

“People in this area are poor, uneducated and are mostly coolie workers and daily wagers. But whatever happened was wrong,” Khan said. He also pointed out that he was the one who arranged for 80 people to be quarantined in Tipu Nagar. 

Yediyurappa said the Padarayanapura incident was unprecedented. “In the entire state, never had such incidents taken place. Everybody agrees this is unacceptable,” the CM said. “Whoever breaks the law - Hindu, Muslim, Christian or anyone - should face action,” he said.

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News Network
March 6,2020

Bengaluru, Mar 6: School children in Karnataka will have 'bag-free' days on two Saturdays in a month as part of efforts to create a joyful learning experience, Chief Minister B S Yediyurappa announced on Thursday. By making two Saturdays in a month as bag-free days, "Sambhrama Shanivara" will be observed with the objective of creating a joyful learning experience by reducing the burden of text books, he said, presenting the 2020-21 budget in the state assembly.

"The main purpose of such days is to create awareness, by means of activities, on topics that are necessary for students to be ideal citizens," he added.

He also said for the first time in the history of the state his government presented a "child budget", making it a special feature of the budget.

All the policies and programmes for the development of children below the age of 18 are consolidated and presented in this budget and as many as 279 programmes involving Rs.36,340crore, which is 15.28 per cent of the total volume of the Budget, have been earmarked.

English medium of instruction would be given along with Urdu in 400 government Urdu schools and Rs one crore will be provided during 2020-21 for this purpose, Mr Yediyurappa said.

For the education of children of auto drivers, up to Rs 2,000 would be provided annually to each family. For this purpose, Rs 40 crore will be provided in the coming fiscal, the Chief Minister added.

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coastaldigest.com news network
July 23,2020

Belagavi, Jul 23: As many as 14 persons have been arrested following last night’s violence at Belagavi Institute of Medical Sciences (BIMS) - District Hospital.

Angered over the death of a Covid-19 patient, family members had turned violent and damaged the BIMS with stones and set an ambulance on fire alleging medical negligence. 

The 55-year-old male had been admitted to the hospital for treatment on July 19, for treatment of Severe Acute Respiratory Infection (SARI) and was positive for Covid-19 according to the report received on Wednesday. He died on Wednesday night while being shifted to Intensive Care Unit for treatment of respiratory problems.

Police rushed to the spot and brought the situation under control. Two persons were detained in the spot and 12 persons later. The matter is under investigation and the police have launched a manhunt to nab the other accused.

During the violence, a police personnel and five other hospital staff suffered injuries.

Meanwhile, prohibitory orders under Section 144 CrPC were imposed in the areas surrounding the hospital to prevent crowd gathering. 

Deputy Commissioner M G Hiremath visited BIMS on Wednesday night and held a meeting with the doctors and nurses treating the patients and those who were at the receiving end of the violence.

Hiremath said that he instilled confidence among the doctors and nurses and assured them that safety measures would be taken. Security arrangements will be made and prohibitory orders will be imposed. Presently entry of people has been banned, he said.

Police Commissioner Dr K Thiyagarajan said that cases will be filed against all those responsible for the violence. People whose vehicles have been damaged can also file complaints.

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