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 21,2020

Kalaburagi, Jan 21: A team of bomb disposal squad along with sniffer dog visited Kalaburagi Railway Station on Tuesday morning.

In the wake of the bomb found at Mangalore Airport on Monday morning, the team visited the railway station as a precautionary measure.

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News Network
April 29,2020

Lucknow, Apr 29: Tablighi Jamaat members, who got cured of COVID-19, have been asked by their organisation to donate their plasma for treatment of other coronavirus-infected patients, a move that the outfit thinks will help it shed its “villain” tag.

"Maulana Saad, in an open letter on April 21 to all Jamaatis who have recovered from the coronavirus (infection), has appealed them to donate their plasma to help others. The message has reached all the members," Maulana Anees Ahmad Nadvi, the manager of Tablighi Jamaat’s Lucknow branch, told PTI PTI on Wednesday.

"As per the Health Department data, over 50 per cent of corona patients are Jamaatis. Among them those who have recovered are being contacted and all of them are ready to donate their plasma," claimed Nadvi.

"We have till now contacted 400 Jamaatis. In the entire country, those who have recovered are also giving their plasma. Markaz has given instructions that no one should be left from donating plasma," he said. "Jamaatis are not doing any favour to anyone by giving their plasma.

This is a humanitarian step. This is true that Jamaatis are being presented as villains after coronavirus spread, but Maulana Saad has asked us to forgive those doing this," he said. Tablighi Jamaat leader Maulana Saad Kandhalvi is on the run after an FIR was registered against him by the Delhi police for organising a religious gathering in March this year despite restrictions to combat the coronavirus spread.

With some plasma therapy trial results rekindling hopes of it being a likely cure for COVID-19, the Uttar Pradesh government too had begun contracting patients cured of it for plasma donation, but the move was suspended after the Union Health Ministry on Tuesday said the therapy was only at an experimental stage and there was no evidence yet to support that it can be used as treatment for COVID-19.

Uttar Pradesh Surveillance Officer, Dr Vikasendu Agarwal, said all those who have recovered from coronavirus, including Jamaatis, were being contacted for plasma donation, but the move has been suspended after the Centre’s statement on the issue.

Refusing to divulge the number of cured Jamaatis, he said "We were contacting them. They are not different from us. We were contacting all our patients and asking them that they could donate if they find it appropriate, as it would help other patients." "All of those contacted by us are ready for giving plasma," he said.

Chief Medical Officer, Lucknow, Dr Narendra Agarwal said all 28 Jamaatis, who were admitted in KGMU were contacted to donate their plasma and all of them agreed. "A proposal in this regard has been sent to the government.

After approval, their plasma will be taken," he said. With the plasma therapy gaining a lot of traction as a possible cure for coronavirus, the Union Health Ministry on Tuesday clarified that it is at an experimental stage and there is no evidence yet to support that it can be used as treatment for COVID-19. Till the effectiveness of this mode of treatment is scientifically proven, its application except for research and clinical trial is illegal, Joint Secretary in the Ministry of Health Lav Agarwal said.

Dr Vikasendu said after the Centre's clarification contacting people for plasma donation has been put on hold. A further step will be taken on decision of KGMU which is working on plasma therapy here, he added.

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News Network
June 16,2020

University of Oxford researchers have claimed that a cheap and widely available drug called dexamethasone can help save the lives of patients who are seriously ill with coronavirus.

Scientists working on the Recovery Trial found the drug could help patients on ventilators and oxygen, but had no effect on those who did not need help breathing.

“Based on these results, one death would be prevented by treatment of around eight ventilated patients or around 25 patients requiring oxygen alone,” researchers said in a statement.

Matt Hancock, the health secretary, tweeted: “This global first exemplifies the power of science.”

“I’m absolutely delighted that today we can announce the first successful clinical trial for a treatment for Covid-19,” Mr Hancock said.

Recovery Trial experts said a randomised group of 2,104 patients was given 6mg of dexamethasone per day for 10 days, while another group of 4,321 were given normal treatment.

Dexamethasone reduced deaths by one-fifth in patients on oxygen feeds and by one-third in those who needed a ventilator to breathe, preliminary results showed.

Mr Hancock added: “This is a huge step forward and it’s because we’ve backed the science.”

Martin Landray, professor of medicine and epidemiology at the Nuffield Department of Population Health, University of Oxford, and one of the trial’s chief investigators, said in a statement: “These preliminary results from the Recovery Trial are very clear – dexamethasone reduces the risk of death among patients with severe respiratory complications.

“Covid-19 is a global disease – it is fantastic that the first treatment demonstrated to reduce mortality is one that is instantly available and affordable worldwide.”

Comments

kushal kumar
 - 
Thursday, 18 Jun 2020

Trials  of  drug  dexamethasone   in  Covid-19  cases   have  brought  success  in  saving  lives  ,  claim  Oxford  University  scientists  on  16 June  2020. 

              According  to  news  reports  on  16 June  , 2020  ,   Oxford  University  Scientists  have  conducted  trials  on  anti-inflammatory  steroid  Dexamethasone   in  Covid-19  cases.  Results  released  by  the   Oxford  University    on  16  June  2020  say  that  the   low-cost  and  easily  available  drug  saves  the  people  seriously  infected  by   Coronavirus  ,  cuts  the  death  risk  by  a  third  for  those  on  ventilators  and  by  a  fifth  for  those  on  oxygen.  The  commentary   on  the  drug   reads  like  this  :-

“  This  is  a  tremendous  news  today  from  the  recovery  trial  showing  that  dexamethasone   is  the  first  drug  to  reduce  mortality  from  Covid-19.  It  is  particularly  exciting  as  this  is  an  inexpensive  widely  available  medicine.  This  is  a  ground  breaking  development  in  our  fight  against  the  disease  and  the  speed  at  which  researchers  have  progressed  finding  an  effective  treatment  ,  is  truly  remarkable.  It  shows  importance  of  doing  high  quality  clinical  trials  and  basing  decisions  as  the  results  of  those  trials”. 

               Covid-19  has  taken  into  its  grip   the  entire  world  during  first  half  of  the  year  2020  ,  infecting   lacs  and  killing  also  lacs  of   its  patients.  In  the  absence  of  an  effective  drug  or  vaccine  ,  people  had  no  choice  other  than   to   look   up   to  the  heavens  or   scientists  to  come  with  some  cure.  And  the  drug  described  here  is  the  first  one  to  respond  to  the  prayer   of  the  global  community  ,  it  seems.     As  regards  a  vaccine  ,   only  few  are  claiming  that  it  can  come  by  the  end  of  the  present  year  2020.  Rather   ,  some  are  of  the  view  that  it  may  take  a  larger  part  of  the  year  2021  and   could   even  go    to  mid-2022.   Whatever  that  scenario  about  prospect  of  arrival  of  vaccine  to  treat  Covid-19  may  be   ,  the  news  that  was  broken   on  16  June  2020   by   the  Oxford  University   scientists   in  relation  to   drug  dexamethasone   would  have  sent  a  wave  of   strength  and  hope   among   people  world-wide.  And  this  Vedic  astrology  writer  was  spirited  for  another  reason  as   well   -  a  prediction  of   when  some  relief   by  way  of  drug  to  fight  Covid-19   may  appear  ,   having  come  accurate  in   the   claim  announced  by  Oxford  University   on  16 June  2020.  This  writer  had  ,   based   on  interpretation  and  application   of  Vedic  astrology  ,   contributed  in  early  April  ,  2020   an  opinion  piece     - “  Some  searchlight  on  way  out  of  Covid-19  presently  tormenting  mankind” -   to  a  number  of   newspapers.  It  was  also  contributed  on  11  April  ,  2020   using  the  ‘ comments’   column  of  article  -‘ Heard  Charles  took   Ayurveda  treatment-based  Ayush  drugs  for   Covid-19’  -   at   theprint.in/india/looking-at-evidence-based-ayush-medicines-to-treat-covid-19-minister-shripad-naik/393407/.   The  text  in  the  opinion  piece  related  to  the  claim  of  success  announced  by  Oxford  University  scientists  on  16 June  ,  2020  ,  reads  like  this  :- 

“  So  reading  in  between  the  lines  ,  it  can  be  said  that  some  effective  drug   or  remedy  can  arrive  by   mid   or  towards   the  last  week  of  June  2020   to   provide  some  relief  during  July  to  September  2020 ,  to  some  good  extent”.

The  point  this  writer  wants  to  share  with  readers  world-wide  is  that   yes  ,  a  drug   envisaged  in  the  aforesaid  prediction  has  appeared  on  the  horizon  in  the  claim  announcement  of  Oxord  University  scientists  on  16  June ,  2020. 

Bio  :-

 

Kushal  kumar  ,

202-GH28  ,  Mansarovar   Apartments  ,

Sector  20  ,  Panchkula-134116  ,  Haryana,

India.

Note  :-  This  writer’s    significant  predictive  work  covering   2020   about   the  U.S.  and  Italy

 

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