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
August 6,2020

Bengaluru, Aug 6: Karnataka Chief Minister BS Yediyurappa on Wednesday asked the state chief secretary to take necessary steps in view of the rising rainfall in the state and gave instructions for releasing Rs 50 crore for emergencies.

"CM BS Yediyurappa has instructed Chief Secretary to take appropriate precautions in view of the rise in rainfall activity across the state. CM advised Chief Secretary to keep in touch with district officials and instructed to release Rs 50 crores for emergencies," an official release said.

India Meteorological Department has issued a red alert in a number of districts in the state.

CS Patil, Director, India Meteorological Department (IMD) Bengaluru said that red alert has been announced in Udupi, Dakshina Kannada, Uttara Kannada, Chickamagalur, Shivamogga, Kodagu and Hassan due to heavy rainfall in the region from last two-three days.

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News Network
March 31,2020

Bengaluru, Mar 31: Venkara Raghava, a software engineer from Bengaluru, who was infected with the coronavirus has recovered and is currently "doing perfectly well".

"I am doing perfectly well now. I had travelled to Los Angeles via Heathrow airport and that is when I came in contact with many travellers. I might have picked up the infection there," Raghava told news agency.

It was in Los Angeles when he started getting a 'low-grade fever' which led him to prepone his flight to Bengaluru. "When I landed back in Bengaluru on March 8, I had a fever and I isolated myself. The same day I went to a hospital where my travel history was taken and I tested positive for COVID-19", he said.

The next day, he was admitted to the isolation centre. His entire family was also tested but the results came back negative.

When asked about what does suffering from COVID-19 feel like, he responded that it was a like a regular viral fever and was "nothing to be scared of". "The fever is very grinding, and since my childhood, I never had a fever. I had a fever for almost 15 days consistently 100 degrees (F)," he said.

About his experience at the isolation centre, he said that it was an experience unlike that of a hospital. "At the isolation centre, one has to take care of themselves, unlike a hospital where doctors and nurses take care of the patient. I had to put a wet cloth on myself and you cannot overdose yourself with Calpol or Paracetamol," he said.

For him, "The tough times are now over" and now he has fully recovered but in the process, he ended up losing about five kilograms. "After the fifteenth day when I woke up with no fever, they took a test for the nose and the throat and it came back negative," he recalled, and on March 22, he was set free.

For one week, he has been in self-quarantine at home "being completely watchful" that the symptoms do not reoccur.

The number of total coronavirus cases reached 1,251 on Monday. There are 1117 active cases in the country, according to the Ministry of Health and Family Welfare.

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News Network
January 6,2020

Bengaluru, Jan 6: Cab aggregators are once again in news for the wrong reasons after an Ola cab driver misbehaved with a 34-year-old woman passenger and even threatened to kill her when she raised an alarm.

But what followed was worse. The woman, a software engineer, immediately called the Ola emergency number following which they asked her to check if the driver was drunk. She later pressed the emergency button on the Ola app but received a message asking her to dial 100. After the aggregator failed to help her, she said she was lucky to be saved by the public.

Reacting to the incident, an Ola spokesperson said, “We regret the unfortunate incident and have immediately terminated the driver-partner from the platform upon receiving the complaint.”

Shruthi G (name changed), an employee at a software company at Bagmane Tech Park in Mahadevapura, booked an Ola cab after her work in the evening of January 3. She booked pick-up stops at two locations as she had to pick her four-year-old daughter from the day-care centre, which is 2 km away from her house.

However, around 6.22 pm, when the cab reached Malleshpalya near Kids Castle, the driver did not stop the vehicle. He asked her to get down at the last drop location. She told him to stop and tried to open the doors but he locked the doors, insisting that she sit in the car. When she resisted, he held her hands and abused her; he even threatened to kill her if she raised an alarm.

The victim said she pressed the emergency button on the app twice but only got a message advising her to call the police.

When she called the Ola emergency number, the person at the other end asked about her condition and to check whether the driver was drunk. They called back after one-and-a-half hours when she was filing a complaint at the police station.

“Ola did not make any efforts to reach out to the police or do anything to track my location and help me in that situation,” she said.

The victim called 100 and the staffer at the control room asked her which area she was in. Since she was familiar with the area, Shruthi was able to give her location.

“First they told me that the area comes under Baiyappanahalli. Later, they said it comes under HAL. Finally, they figured out the location. It took 20 minutes for the police to reach the spot,” she said.

What saved Shruti was her sheer instinct and luck. Alone in the cab, she started raising an alarm. Luckily, commuters in the other vehicles next to the cab noticed her screaming for help and stopped the driver.

“If this is the kind of security Ola provides its customer, it is very questionable,” she said. “If we have to really call the police during an emergency then why they put out the number and emergency button, it’s a waste of time during that crucial situation. If they directly told us to dial 100 during an emergency, it will save time. Lakhs of commuters take Ola cabs thinking it is safe but they have no mechanism to check their drivers and track their customers in danger.”

Baiyappanahalli police said the accused Bhimashankar Malged was arrested and remanded in judicial custody following the complaint.

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