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
June 20,2020

Bengaluru,  Jun 19: Following the coronavirus outbreak, Bengaluru's Kempegowda International Airport has introduced ultraviolet treatment while scanning outbound baggage apart from other measures to enhance passenger and staff safety.

"Two custom-designed UV tunnels have been created to disinfect trolleys after every use. Two custom-designed UV tunnels have been created to disinfect trolleys after every use. These Tunnels are located at a cordoned-off area of the Terminal," according to a statement by the Bangalore International Airport Limited (BIAL).

The airport plans to use an ultra-low volume (ULV) spray treatment for check-in bags: all outbound passenger baggage is sanitised before dispatch to the aircraft

Authorities also plan to minimise use of additional trays for footwear by introducing specially designed trays; the trays that are in use are UV treated and sanitised manually after every use.

Officials are currently in the process of implementing silver nano-coating for frequently used touchpoints for self disinfection like check-in counters, Immigration counters, ATRS trays, etc. Currently, sanitisation of high-traffic areas and frequently touched surfaces continues to be done every thirty minutes manually without disrupting the flow of passengers.

All high-traffic areas are sanitised once every three hours by using ULV machines - eight times in 24 hours.

Washrooms across the Airport premises are sanitised on a regular basis with dedicated manpower, irrespective of the frequency of use. 456 units of tabletop hand sanitiser and 107 units of sensor-based hand sanitisers have been placed across the Terminal.

120 biowaste bins located across the Airport campus enable passengers and staff to dispose of their masks, gloves and other PPE conveniently and safely. This bio-waste is managed by a dedicated team and handed over to a Pollution Control Board-approved vendor and taken away for incineration.

The Airport said that the passenger feedback for the contactless process has been positive. "The objective of the process is to minimise physical contact and enhance passenger throughput," it said.

These sanitisation measures come in light of the highly infectious COVID-19 pandemic which spreads through person-to-person contact. Small droplets from the nose or mouth can spread the virus when they land on objects and surfaces around the person.

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News Network
February 19,2020

Bengaluru, Feb 19: Karnataka Chief Minister BS Yediyurappa is facing major dissent within the party and the BJP MLAs held a meeting on Tuesday night at former Chief Minister Jagdish Shettar's residence to discuss the functioning of Yediyurappa-led government, said BJP sources.

According to BJP sources, some of the unhappy BJP leaders and MLAs met last night at Shetter's place and expressed that they are not satisfied with Yediyurappa's leadership.

Last night's meeting shows that party leaders are looking to bring down Yediyurappa from the Chief Minister's post by sending a clear message to the high command that Yediyurappa is incapable of continuing as the CM, said BJP sources.

Other sources in BJP have also asserted that BJP leadership in Karnataka is looking for a "leader" who can lead the party in upcoming elections which is going to be held after three years. At this point of time, it's crucial for BJP to promote second-line leadership.

Meanwhile, a letter is being circulated in the BJP party forum and over social media against Chief Minister Yediyurappa's leadership.

It looks like the same team which is unhappy with Yediyurappa's leadership is trying to convey the same message to their high command. The letter which is being circulated says to be written by one of these leaders' groups against Yediyurappa and his son Vijayendra.

On this, Congress leader Ramalinga Reddy told media, "Maybe the letter is written by the same MLAs because after the expansion of Karnataka cabinet so many leaders from BJP were kept out."

"There is a lot of discontent among BJP MLAs that the ones who have toiled for the party day and night have been neglected from the cabinet expansion. This will definitely result in destabilisation in the government," said Eshwar Khandre, KPCC Working President.

Now party high command needs to look into Karnataka leadership to manage the government in the state.

"Now BJP leadership in Karnataka and Delhi need to look into the matter and need to solve the issue after cabinet expansion," said a BJP leader.

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News Network
May 12,2020

New Delhi, May 12: Minorities are "flourishing" in India and have been an equal partner in development without discrimination under the Modi government, Union Minister Mukhtar Abbas Naqvi said on Tuesday, dismissing allegations of Islamophobia as an attempt to defame the country.

The "Narendra Modi phobia club” has been unable to digest the inclusive growth under the prime minister and is engaged in a "nefarious campaign" in India and abroad through fake propaganda alleging "intolerance, communalism and discrimination" against minorities in India, Naqvi said.

In a blog titled "Islamophobia -- Bogey of Bogus Bashing Brigade", the minority affairs minister argued that the "Modi phobia club" is playing the “Islamophobia card" to harm the pluralistic fabric of India, but will not succeed.

Naqvi's remarks come days after a wave of angry reactions on Twitter by citizens and rights activists from various Arab countries following allegations that Muslims are being blamed for spreading COVID-19 in parts of India.

Also, the 57-member prominent international Mulim grouping, the Organisation of Islamic Cooperation, recently accused India of "Islamophobia".

India has dismissed all such allegations.

"Minorities in India are flourishing equally with all the citizens with a sense of equality, security and prosperity. Misinformation against such a gracious and tolerant country and its effective leadership is nothing but the height of ignorance and mental bankruptcy," Naqvi said.

He claimed that no riot took place in last 5 years of the Modi government and it was after "nefarious preaching" by those who were irked by this that the Delhi riots happened.

Naqvi said the women who sat on protests at Shaheen Bagh cannot be termed "anti-nationals" but they had been "misguided by the bogus bashing brigade”.

This brigade pushed these women on a path which had an “entry gate” but no “exit gate”, the minister said.

This was a “calculated conspiracy” by the brigade that wants to defame and disgrace Modi and India, Naqvi said.

He also argued that for the "first time since Independence", India has forged close and strong ties with nearly all Islamic nations and countries such as Saudi Arabia, the UAE, Afghanistan, Russia, Palestine, Mauritius and the Maldives have conferred Modi with their highest civilian awards.

"The United Nations has also conferred Narendra Modi with the prestigious 'Champions of the Earth Award'. Prime Minister Narendra Modi's global acceptance and popularity doesn't need any certificate," Naqvi said.

The Modi government never planned development on the basis of Hindus, Muslims, Sikhs, Christians or on region and caste, and its priority has been the poor and deprived, Naqvi said, adding that still some people with a “prejudiced mindset” are trying to defame India by raising the bogey of Islamophobia.

There is not a single incident of discrimination against any section of the society, including minorities under the Modi government, the minister asserted.

All sections, including minorities, are strongly moving forward on the path of “development with dignity” under the Modi government, he said.

When the challenges due to the coronavirus were in initial stages across the world in early January and several countries, including Pakistan, had not taken care of their people abroad, it was the Modi government that brought back thousands of Indians stranded in Wuhan (China), Iran, Iraq, Saudi Arabia and other countries, Naqvi said, adding that a majority of these people were Muslims.

In the recent Vande Bharat Mission also, the Indian government is bringing back thousands of Indians from countries such as the Maldives, the UAE, Saudi Arabia, Iran, Qatar and other countries which include a large number of Muslims, he pointed out.

"Strong eternal commitment of my country will defeat and demolish the fake and fabricated Islamophobia card of the 'India bashing brigade'," Naqvi said in his blog.

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