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 11,2020

Bengaluru, Mar 11: Amid the prevailing political uncertainty in Madhya Pradesh with Jyotiraditya Scindia's exit, Congress leader DK Shivakumar on Wednesday asserted that "leaders may come and go but no one can destroy Congress."

"No one can destroy Congress. Leaders may come, leaders may go, that doesn't make any difference," said Shivakumar while speaking to news agency on the current political scenario for Congress in Madhya Pradesh.

Speaking about the Madhya Pradesh Congress MLAs, who are lodged in Bengaluru, he said: "All the Madhya Pradesh MLAs who are here do not want to lose their membership. I am sure they will understand, go back and save the government."

On Tuesday, Congress sent two of its leaders -- Sajjan Singh Verma and Govind Singh -- to Bengaluru in order to pacify some of the rebel MLAs who are lodged in a hotel there and who claimed to have resigned from the state Legislative Assembly.

After meeting with 19 party MLAs who have tendered their resignations, Congress leader Sajjan Singh Verma on Wednesday said they are neither willing to support Jyotiraditya Scindia nor in favour of joining BJP as they were "misled and taken to Bengaluru" in Karnataka.

"Nobody is ready to go with Scindia ji. They said they were misled and taken to Bengaluru, most of them said they are not ready to join BJP," Verma told ANI on being asked about the 19 MLAs.

"I just came from Bengaluru and now I am going to Jaipur. Besides 5-6 ministers and one MLA, we all are going to Jaipur. They (MLAs) have said they have the blood of Congress and they will remain in the party. Since Scindia was a senior party leader, all our MLAs followed his order as a courtesy," he said.

The Congress leader further claimed that BJP is using both "muscle and money power" to influence Congress MLAs.

He also claimed that he is strongly in contact with 7-8 BJP MLAs.

Most of the rebel MLAs are perceived close to Scindia and are apparently unhappy at Scindia being "ignored" in the party. The grand old party has been witnessing an internal turf war in Madhya Pradesh since the party formed the government in the state in 2018.

Scindia is likely to join BJP later today.

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News Network
May 3,2020

Mangaluru,  May 3: An unidentified vehicle mowed down a 62-year-old security guard near Guruvayanakere, Belthangady taluk, on Saturday.

The deceased Lingappa Moolya was returning to his home in Guruvayanakere on a two-wheeler when the hit-and-run case took place. Police said he was hit by a truck. A guard at an ATM, Moolya was also an active member of the local Kulala Association.

A case was registered at Belthangady police station.

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News Network
June 26,2020

Bengaluru, Jun 26: The National Restaurant Association of India (NRAI) on Thursday came up with a Standard Operating Procedure (SOP) for restaurants whereby among other physical distancing norms, it has suggested a 2-metre gap between tables.

Formulated in partnership with Releski, a Bengaluru based skill-tech company, the SoP suggests that in case of back-to-back seating, people sitting with their backs towards each other will have their seats divided by 'Plexiglass' divider raised up to 2 meters from the ground.

"In a typical restaurant, the improvised seating plan should have a minimum distance of 2 metres between tables. The distance of 2 metres (6 feet) between tables should measure from one edge of the table to the other table's edge," it said.

In case of loose or free seating such as in banquet style or food court style seating, a minimum 2 meters of distance should be maintained between tables.

The guidelines noted that, to encourage physical distancing, restaurants have to sacrifice their seating capacity, to promote health and safety, and also to gain trust from their patrons.

"In order to perform this, divide your restaurants under different sectors. Pull out your restaurant's floor plan and colour code different sections red and yellow. Red sections are potential areas where maximum footfall or traffic is observed. Yellow sections are areas where the footfalls are average," it said.

All the red sections are encircled or bordered by placing barricades or Q manager and will open at specific points to access the yellow section and all the opening points will have hand sanitisers and sprays, and every guest who walks from red zones to yellow zones will sanitise himself/herself to reduce the chances of contamination.

For air conditioning, the guidelines of CPWD shall be followed which inter alia emphasises that the temperature setting of all air conditioning devices should be in the range of 24-30 degree Celsius, relative humidity should be in the range of 40- 65 per cent, intake of fresh air should be as much as possible and cross ventilation should be adequate, the guidelines suggested.

The industry body has also suggested appointment of a COVID-free Ambassador who would operate as the Chief Health Officer within the restaurant team, preferably from the management team in each shift.

The ambassador's would put the new daily work routines into practice, to monitor compliance with good practice and to lead the preventative measures, adapt to health & safety recommendations and requirements of the restaurant and oversee the implementation of the norms.

Anurag Katriar, President of NRAI and CEO & Executive Director of deGustibus Hospitality, said: "Every restaurant cutting across formats is facing the harsh reality of subdued to shut business volumes in the present and the uncertainty of business environment in the future. One thing is certain that hygiene and safety will be a key differentiator in the post-pandemic restaurant operations."

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