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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coastaldigest.com news network
May 23,2020

Udupi, May 23: Issuing a stern warning to people against venturing out unncessarily 7:00 pm on May 23 and 7:00 am on May 25, Udupi deputy commissioner G Jagadeesh said that those who violate the lockdown norms will face punishment. 

“Lockdown should be observed strictly across Udupi district. If anyone is found roaming around, we will not speak, but our batons will”, he said in a press meet here today. 

He suggested the people to buy all necessary things for 36 hours of total lockdown before 7 p.m. today. 

Chief Minister has already clarified that a complete lockdown would be observed in the State on every Sunday. Only the medical shops, newspaper delivery, milk parlours will be permitted to function. Vehicular movement has also been restricted during this period, he said.

If marriages have been scheduled already on Sunday, they will be considered as a special case. However, prior permission is must for scheduled weddings, he said.

Udupi SP N Vishnuvardhan and ZP CEO Preethi Geholot CEO ZP were also present.

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News Network
June 9,2020

Udupi, Jun 9: A Mesolithic site has been discovered at Iduru-Kunjadi in Kundapura taluk of Udupi district of Karnataka by Prof T Murugeshi, Associate Professor of Ancient History and Archaeology at MSRS College, Shirva.

Prof Murugeshi said on Tuesday that the site is near a rock art site of the Mesolithic period that was unearthed. It is located in the Mookambika Wildlife Reserve Forest. At Iduru-Kunjadi, the finds of Mesolithic tools are characterised by blades, scrapers, burine, fluted cores, arrow-heads and flakes of the non-geometric pattern.

He said that though the site was found two years back, it took time to study and identify them. They resembled the tools found in a stratified context at Uppinangady on the Netravati basin, he added.

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Abu Muhammad | coastaldigest.com
January 16,2020

Even as the Muslims of undivided Dakshina Kannada district broke out of the “spiral of silence” and made history by leading an unprecedented protest against CAA, NPR and NRC as well as the categorial mistreatment of non-saffronites at the hands of the police across the country, mainstream media turned a blind eye to the spectacle at the Shah Garden Maidan in Mangaluru’s Adyar where about two lakh patriots with tricolor in their hands converged to assert themselves on January 15th, 2020, a date which will be remembered by the people of coastal Karnataka forever.

The largest gathering in the history of Mangaluru was absolutely peaceful, law-abiding and respectful. While the slogans of ‘Azaadi’ were reverberating in the atmosphere, the protesters were seen making way for vehicles and passersby, taking care of women and helping elderly citizens on the highway adjacent to the ground. Though the organisers and most of the participants were Muslims, they collectively identified themselves as “We, the people of India”.

The district administration and the police department hadn’t imagined or even dreamt of such a mammoth gathering after blocking the highway and banning public transport from 9 am to 9 pm. Many opine that this action was taken only to discourage the concerned from participating in the protest and to create fear in the hearts of the people who are yet to process the unjustifiable deaths of two innocent citizens in an unwarranted police firing a few weeks ago.

What has since surprised the protesters most is the mainstream media’s blatant attempt to downplay the significance of this largest ever gathering. Shockingly, it could not make it to the front pages of any of the state-level Kannada daily newspapers except city-based Vaartha Bharathi. In the absence of The Hindu, which had announced a holiday on account of Makar Sankranti, most of the English newspapers too pitilessly buried the historic event in their inner pagers. National TV channels too were evidently reluctant to cover the event until NDTV started telecasting the news of the protest.

This uneasy relationship between the media and minorities in coastal Karnataka has long existed, but the non-coverage of the huge protest of Jan 15 marks a quantum leap beyond the media’s traditional pro-Sangh Parivar stance and biases –– which in the past had often demonised non-saffronites –– to now completely ignore and suppress the people’s voice. This media bias has naturally evoked a sharp response from netizens, who took to social media to issue clarion calls to boycott the mainstream media forever.

Cleanliness Drive

Most major protest meets and rallies –– both religious and political –– leave behind tonnes of garbage, especially water bottles, placards and buntings. However, the organisers of the Jan 15 protest meet led by example by launching a cleanliness drive in the area soon after the protesters left the venue peacefully. The drive continued on Jan 16 too. (Ironically, amidst this ongoing cleanliness drive, a local news portal captured photos of a few plastic bottles scattered along the road at Adyar and published a report accusing the event organisers and participants of polluting the area!)

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