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
May 24,2020

Bengaluru, May 24: Karnataka Tourism Minister CT Ravi said that coronavirus lockdown has severely marred the tourism industry in the state and the government will revive it in a phased manner.

"It would be beneficial if hotels are opened keeping in mind few restrictions. At present, the tourism industry has fallen flat making it very difficult to promote tourism in the state," Ravi said.

"Our department has planned to promote tourism in a phased manner. In the first phase, we would focus on native tourism; then in the second phase, we will promote inter-district travel; in the third phase, we will put weight behind inter-state tourism and in the fourth phase, we would be promoting international travel and tourism," he added.

Karnataka's COVID-19 count surges to 1,958 with 216 new cases of the virus reported in the last 24 hours, said the Health Department in a bulletin on Saturday.

Out of the total number of cases, 1,307 patients are active cases and 608 patients have been discharged. The total number of fatalities due to COVID-19 in the state has risen to 42.

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coastaldigest.com news network
February 27,2020

Yadgir, Feb 27: A four-year-old girl and her four-month-old sibling died after consuming pesticide mistaking it to juice at Kodal village in Vadagera taluk of Yadgir district on Wednesday.

After noticing her daughters lying lifeless, mother Shehnaz attempted suicide by consuming poison.

Khairunna (4) mistook pesticide for juice and consumed it while her mother was busy doing household chores. She also reportedly made her four-month-old sister drink. 

Upon seeing the siblings lying lifeless, Shehnaz, fearing her husband and mother-in-law, attempted suicide by consuming poison.

All three were rushed to Yadgir district hospital. The siblings died while their mother is battling for her life.

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News Network
April 12,2020

Raipur, Apr 12: As many as 108 out of the 159 people that were quarantined by the Chhattisgarh government last week for allegedly taking part in Delhi’s Tablighi Jamaat congregation are Hindus, according to reliable sources. 

The names of these 159 people, who were said to be in Delhi’s Nizamuddin area when the Tablighi Jamaat congregation was held mid-March, were mentioned in a list issued by the state home department last month. 

The list has been accessed by the many media outlets. But, Raipur Collector S. Bharti Dasan and the state’s Principal Secretary, Home, Subrata Sahu, claimed no such list was issued.

However, a senior state home department official, who didn’t want to be named, said: “Listing of the names was done on the basis of location of mobile phones traced in Nizamuddin in the month of March during the period when congregation of Tablighi Jamaat was held.

“It was subsequently sent to the chief medical officers in the respective districts for further action,” the official added.

These 159 people have either been quarantined at their homes or at government isolation centres. The quarantine exercise took place between 31 March and 1 April.

Interestingly, almost all the people named in the list have denied attending the massive Jamaat congregation, which had seen the participation of over 3,000 people, including foreigners.

Under quarantine “forcefully”, these people alleged they are facing social boycott as they have been “linked to the Tablighi”.

Those placed under quarantine, told media if their phone locations have shown their presence in the Nizamuddin area that didn’t necessarily mean they had attended the Tablighi congregation.

“My neighbours are no longer like my family. After 31 March, I have received more than 500 calls (from relatives and friends) and had to convince them that I didn’t attend the Jamaat event,” Umesh Pandey, a resident of Ambikapur, said.

“People in my area have started saying that some Brahmins took part in the event. I have no objection to being kept in quarantine, but it should be explained why it is being done,” said Pandey, who is a consumer rights activist.

Pandey said, like every year, he had gone to Delhi in March to participate in a consumer protection programme and had stayed at a hotel in Nizamuddin. “I came back on 17 March. After I was quarantined, a false propaganda is being spread about me that I am linked with Tablighi Jamaat activities.”

Pandey said he and his family are now being “looked at as suspects”. 

Kamal Kumar Popatani, a businessman from Bilaspur district, has faced similar problems. Popatani and his family have been living in isolation since 31 March.

“I am completely flabbergasted by this step taken by the state government. I always visit Delhi to procure items for my shop. This time too I had completed my procurement and had returned home on 16 March. Everything was usual till 30 March, but suddenly after 31 March, when this so-called list of 159 alleged suspects was released by the government, we were placed under isolation,” Popatani said.

“My own family members, neighbours and everyone I know are now accusing me that I had joined the Tabligi Jamaat gathering. How can it ever happen? This strange attitude of the government has made my entire family a victim of social boycott.”

Trader Abdul Rahman, a resident of Lutra Sharif area of Bilaspur district, also echoed similar sentiments.

“I returned from Delhi along with my wife on 15 March, but my entire family has been kept in isolation since 31 March. All this is way beyond my comprehension… Blood samples of the entire family were taken. Now everyone is keeping a distance from us and calling us corona suspects,” said Rahman, who had gone to Delhi for a holiday.

“People not only from my village but also in the nearby villages are pointing fingers at me and my family… We are the ones who condemn Tablighi Jamaat and their activities. We have nothing to do with them. The quarantine… has brought…infamy to us,” he added.

In another goof-up, the list even includes names of some people who no longer live in the state but carried mobile numbers issued in Chhattisgarh. One such name is that of BSF sub-inspector Shantanu Mukherjee, who was working in Bhilai about two years ago, but is currently posted in Delhi.

“What kind of list is this? Who released it in the first place? At first, I received a call from the Covid-19 control room in Chhattisgarh and then from the State Police Control Centre. They inquired about my health and current place of posting,” said Mukherjee, whose office is located close to the Nizamuddin area. 

Makkhan Singh Yadav, a sub-inspector with the CRPF, is another case in point. Yadav, who is posted somewhere close to Nizamuddin, had bought a SIM card from Dantewada, when he was posted there five years ago.

“I had received calls from both Delhi and Chhattisgarh police after being marked as a corona suspect. But when I explained the reality to them, no calls were made thereafter. I could not understand how all this is taking place,” said Yadav, who is a native of Rampur, Uttar Pradesh.

A first-year Delhi University student, who belongs to Mahasamund district of Chhattisgarh, has been kept under isolation at a local government hospital.

The student, who didn’t want to be named, said she had gone to Nizamuddin railway station to catch a train for Chhattisgarh.

“I came home immediately after it was announced that educational institutions are shutting down. After returning from Delhi, I spent around 19 days at my own home, but suddenly I was admitted to the hospital on 1 April. Why have I been brought here (hospital) if I have no symptoms? All this feels like some sort of torture.”

“Despite my repeated denial, I was brought here by the health department on the pretext of being associated with the Tablighi Jamaat,” she said. 

Asked about the Tablighi quarantine list, principal secretary Sahu said: “The government has issued no such list. We have received inputs from the social media about three such lists but the state government has not officially prepared any list.

“All those put under quarantine have been done as per the orders issued by the state government. This order states that those who came to the state after 1 March should be kept under isolation,” he added.

Raipur Collector Dasan refused to say anything about the list and added that people have been kept under quarantine after obtaining their “detailed travel history” based on the guidelines issued by the ICMR.

On the allegation of social boycott, Dasan said: “No person or their families placed under home quarantine or isolation should be subjected to any social boycott or misconduct. They also need not have any social inferiority complex in their minds.

“If any person placed under quarantine feels like this (social inferiority complex), the government has arranged counsellors for them. Our counsellors are convincing and assuring such people by reaching out to them.”

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