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
January 14,2020

Jan 14: A police complaint was lodged on Tuesday against BJP West Bengal unit president Dilip Ghosh for his threat to "beat up" and "shoot' " anti-CAA protesters, whom he called "infiltrators".

The complaint was registered in Ranaghat police station of Nadia district by a Trinamool Congress worker Krishnendu Banerjee, who alleged that Ghosh was inciting communal passion.

Addressing a party rally on Sunday in Ranathat, about 80 km from Kolkata, Ghosh went ballistic, saying the governments in BJP-ruled Assam, Karnataka and Uttar Pradesh have shot dead "like dogs" those protesting against the new Citizenship (Amendment) Act.

Alleging there were one crore infiltrators in the state, Ghosh had accused them of destroying public property worth Rs 500-600 crore during the violent protests against the CAA last month

"Friends, please know these people who are opposing Hindus and Bengalis. In whose interest are they doing this? There are one crore infiltrators. They are having their meals and staying here on our money".

He accused the state's Mamata Banerjee government of remaining silent a spectator to the violence.

"This (violence) happened because there was neither any baton charge, nor firing, nor was any FIR filed. Why? Didi's police did not arrest anybody... because they vote for her".

He then referred to the three states ruled by the BJP.

"In Assam, Karnataka and Uttar Pradesh, our governments have shot dead these devils like dogs. They were taken elsewhere and then again cases were filed against them. They will come here, eat, stay, and then destroy property. Do they think this is their zamindari?"

He had said once a BJP government was installed in Bengal, "We will hit them with sticks, shoot them and also send them to jail. Our governments have done exactly that. Mamata Banerjee doesn't have the guts to do anything".

However, his incendiary comments did not meet the approval of sections in the party.

Union Minister Babul Supriyo came out with a tweet slamming Ghosh and distancing the BJP from the comments.

"Very irresponsible of Dilip Da to have said what he said. It is a figment of his imagination... BJP governments in UP and Assam have never resorted to shooting people for whatever reason," he tweeted.

Supriyo's tweet was retweeted by nominated Rajya Sabha member Swapan Dasgupta, considered close to both Prime Minister Narendra Modi and Home Minister Amit Shah.

But Ghosh did not budge and aggressively asked whether the party was being run by Shah or Supriyo.

"People comment according to their understanding. What I feel is that our governments have done it, and so I said all that. If we get a chance we will also do such things," he said, sticking to his earlier comments.

Supriyo also hit back. "Just as he has remarked 'whatever Babul Supriyo has understood he has said', similarly I am saying this is Dilip da's personal opinion, and it has no connection with the party".

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News Network
May 1,2020

Bengaluru, May 1: As Mumbai link surfacing in some COVID-19 cases in Mandya district in Karnataka, JDS leader and former chief minister H D Kumaraswamy on Friday blamed the district administration for the situation, accusing it of not quarantining 7,000 labourers who 'returned' from the Maharashtra capital.

"The information we have is that there are about 16,000 labourers from Mandya were working in Mumbai of which 7,000 people reached the district. None of them was quarantined properly," Kumaraswamy told reporters in Bengaluru.

He claimed the district, a stronghold of JDS, was staring at a major spurt in cases due to the careless attitude of the district administration. "Government should initiate action against those who are responsible for the laxity," he said.

However, he did not specify when the 7,000 workers returned to Mandya. When asked about Kumaraswamy's claim, officials said they have to verify it. Of the eight cases reported from Mandya on Friday, three had a travel history to Mumbai, a major COVID-19 hotspot in the country, officials said.

A Health Department official said four of the fresh cases were contacts of a patient who tested positive on April 8 and admitted to a hospital. After weeks of coming in contact with him, the four were confirmed for COVID-19, an official said. The Three people with travel history to Mumbai had, in fact, brought the body of a man who died of a heart attack there on April 24, the official added.

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News Network
March 4,2020

Bengaluru, Mar 4: Seeking to allay fear among the citizens in the wake of Coronavirus scare, Karnataka Health Minister B Sriramulu on Wednesday made an appeal to the people not to pay heed to rumours spreading on social media.

In a series of tweets, Mr Sriramulu assured people that the government has taken adequate measures to ensure that the disease does not spread further. "Don't lend your ears to rumours about the Coronavirus in the social media. Rely only on the authentic information," he tweeted.

The minister's tweet came as Bengaluru reported the first case, after a techie from the city with a travel history to Dubai and interaction with Hong Kong-based people there, was admitted to a hospital in Hyderabad.

As panic gripped the city, Mr Sriramulu said the apartment where the software engineer was staying has been sanitised. Besides, his 25 colleagues have been identified. One of them has been admitted to the hospital as a precautionary measure and his blood sample has been sent for lab test.

"So far 40,207 people have been screened at the International airport. 251 blood tests have been done, of which 238 were found negative, while the rest of the reports are yet to come," Mr Sriramulu tweeted.

The health department said three people have been admitted to the isolation ward at the Rajiv Gandhi Institute of Chest Diseases (RGICD).

Meanwhile, a parent appealed to people not to panic about the Coronavirus in the techie's apartment, where his son too resides. "My son is from the same apartment. To update everyone, there is absolutely nothing wrong here. It was more of panic on social media that created this," he said in a message.

He said that the man who is in Telengana and testedpositive stayed in this building on February 21. "His roommate was taken to hospital and has tested negative," he said. It is been two weeks since the incident. The virus cansurvive only for 48 hours under optimal conditions, he noted. "Everyone in this building is safe. Please educate yourself. Refrain from spreading panic and misinformation." he added.

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