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
March 15,2020

Bengaluru, Mar 15: The Karnataka government on Saturday said it would advice IT companies to allow employees to work from home as most coronavirus  affected patients or their relatives were from this sector.

"If anybody (IT companies) asks (employees to work in the office),I will speak to them through the deputy chief minister so that they take steps to issue a definite order. We have very clearly said, Stay Home, stay safe," medical education minister Dr K Sudhakar said. He recalled that the chief minister himself had issued a strict advisory to allow employees work from home.

The minister said the IT sector understands the gravity of the situation because they are educated, have travelled abroad and have more exposure to information world. "No action," he said to a question on what action would be taken against companies who do not follow the instructions.

"There is no action to be taken. We have not promulgated any law. It should be a kind of a cohesive approach from the government and the responsible citizen," he said.

The minister said he had also acted on the advice of Infosys Foundation chairperson Sudha Murty, who had told him that all areas where public and students gather, including malls, theatres, schools and colleges, should be closed.

Sudhakar claimed that the woman whose husband had tested positive for cornavirus here, had flown straight to Delhi from the city and had not come out of Bengaluru airport. He said the newly-wed couple came to Bengaluru airport on March 8 night and early on March 9, she flew alone to Delhi. From there she travelled to Agra by train. She did not come out of the airport, said the minister.

To a question on legal action being contemplated against her, the minister said he would take a call said he was not thinking of legal action at present and would take a call only after the woman, who has also tested positive for the virus, comes out of isolation. He insisted that the purpose of getting details was not to scare people.

On the preparedness in Kalaburagi, where the first Coronavirus death in India was reported, he said the administration had 'clamped down" the entire district. Meanwhile, the deputy commissioner of Ballari district ordered cancellation of tourists' entry to the world heritage site of Hampi from March 15 to 22 to prevent further spread of the virus.

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coastaldigest.com news network
February 5,2020

Bengaluru, Jan 5: B S Yediyurappa-led Karnataka cabinet has finally decided to resume supply of subsidised rice and wheat to students of welfare institutions and hostels including those run by religious mutts under the Dasoha Scheme’s welfare programme. The supply was stopped over two months ago.

“Cabinet has decided to continue supply of subsidised foodgrains (rice and wheat) for the benefit of 37,700 children under the Dasoha scheme in 351 welfare institutions for the next one year at the cost of Rs 18 crore,” said J C Madhuswamy, Law and Parliamentary Affairs Minister. Under this scheme, institutions that provide free accommodation and food for students are entitled to avail 10 kg rice and 5 kg wheat per student every month at subsidised rates. But following a central government directive in November, the state government had stopped supply to private institutions since December.

Hours before the cabinet meeting, Khader addressed a press conference and said, “This government is snatching away food from children by stalling the supply of foodgrains. Institutions like Suttur Mutt, Siddaganga Mutt that have worldwide fame for their service are being inconvenienced by this,” Khader said.

Finding itself in a fix, especially in a matter that involves mutts, the cabinet was quick to restore the supply. “Foodgrains were being supplied to 183 government-run institutions and 281 institutions run by private entities. As per a central government directive, supply to private institutions was stopped but the decision was made by the previous government,” Shashikala Jolle, Women and Child Development Minister, said.

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News Network
March 27,2020

Bengaluru, Mar 27: A 65-year-old coronavirus patient who died in Karnataka this morning after apparently contracting the infection on a train ride has raised concern about community transmission of the highly contagious disease.
The man, the 60th coronavirus patient in Karnataka, died in Tumakuru. It is not known for certain how he caught the virus. The Karnataka Health Department has posted a notice on Twitter asking whoever travelled with him on train to come forward.

He had no history of recent foreign travel but had apparently traveled to Delhi on March 5 by Sampark Kranti Express and returned on March 11.

On March 7, he arrived at Delhi's Nizamuddin station and participated in an event at Jamia Masjid.

The man took a train back on March 11 and arrived at Yeshwantpur in Bengaluru. From there, he took a bus on March 14 to his hometown Sira.

He first showed symptoms of COVID-19 on March 18 and was taken to a private hospital. He was sent home with medicines but his condition worsened.

On March 23, he was admitted to a district hospital, but checked himself out against all advice and went to a private hospital. When his health showed signs of deterioration, he was again sent to the district hospital, where he tested positive for coronavirus yesterday. He died around 10.30 am today.

The health department has since traced 24 people who came in direct contact with him and are so, in the high-risk category. Thirteen are in hospital and eight have tested negative.

"All passengers who had travelled with him on the train are being traced," K Rakesh Kumar, Deputy Commissioner, Tumakuru, was quoted as telling news agency ANI.

A 70-year old woman and a 76-year old man had died of coronavirus or COVID-19 earlier in Karnataka.

India has over 700 coronavirus cases, including 17 deaths.

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