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 14,2020

Bengaluru, May 14: Amid the COVID-19 pandemic, Former Union Minister and Congress Karnataka MLC, C M Ibrahim has, in a letter to Chief Minister BS Yediyurappa, sought permission for the Muslim community to congregate at Idgah grounds and mosques to offer namaz together on the occasion of Id-ul-Fitr later this month.

"The Id-ul-Fitr festival in the state may be celebrated on the 24th or 25th May 2020, during which Muslims have to offer special prayers. On behalf of the entire community. I would suggest that the Government may take a decision by having due consultation with medical experts to grant permission for Muslims on the day of Id to offer prayers in the Idgah maidans or masjids from morning till 1 pm with all precautionary measures and safety norms," the letter states.

"In this regard. I request you to kindly look into the matter and after consulting the medical experts, take a suitable decision enabling Muslims all over the state to offer ld prayers at ldgah Maidans or Masjids in their respective localities," the letter added.

As part of its COVID-19 guidelines, the Ministry of Home Affairs had earlier directed states and Union territories to prevent social gatherings and religious congregations and ensure lockdown measures were strictly followed.

Comments

Sayed Noorulla
 - 
Friday, 15 May 2020

If Mr. Yediyurappa gives permission as reqested by Ibrahim, it will be adisastor for Muslims community, Saudi Arabia imposed , full curfew from 23rd to 30th May, 2020, this is  to avoid Eid gathering and spread of Corona Virus, our community should boycott such so called self declared leader.

 

Any new cases of Covid-19 cases will be blamed as Eid Jihad, request all our like minded people to protest this request.

Alert
 - 
Thursday, 14 May 2020

CM Ibrahim is just trying to attract media and public atttention. he is a useless politician. 

suhail
 - 
Thursday, 14 May 2020

Who is he?  What is he?  And what did he do to Muslim community and  who gave him the authorization to talk to the minister of behalf of Muslim Community

ahmed
 - 
Thursday, 14 May 2020

It will be disastrous for PR, and Joy ride for Atunab & sudir...

This Chadi people will be very happy and start calling this Eid Jeehad...

 

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Agencies
February 18,2020

New Delhi, Feb 18: The Rashtriya Swayamsevak Sangh is holding a daylong meeting with 70 columnists from across India on Tuesday in an effort to clear misconceptions about the organisation, sources said.

RSS chief Bhagwat, who last year met representatives of international media organisations posted in India, is expected to deliver a keynote address that will be followed by a free-flowing conversation, they said.

The 70 columnists attending Tuesday's meeting write in different languages.

The meeting, in Chhattarpur in New Delhi, is a closed-door meeting and the proceedings are "strictly confidential", the sources said

Comments

sharief
 - 
Wednesday, 19 Feb 2020

You do whatever circus,  false will never be truth.

 

First of all know what is your VEDA and set as example by following.

 

No need to do any false circus.

 

 

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IBTimes
June 3,2020

A pregnant elephant in Kerala ate a pineapple, which was filled with country-made bombs or dynamites. It led to a painful death as the elephant was pregnant and died standing in the Velliyar River in Palakkad in Kerala. People are venting out their anger and concerns all over social media about the gruesome incident.

Yesterday, it was reported that the pregnant elephant was killed after locals allegedly fed her a pineapple stuffed with crackers.

However, when International Business Times, India, reached out to Dr Ab Qayoom, who is an Indian Forest Service Officer, for his comments about what actually must have happened, we got to know that no one have fed the pineapple to the elephant.

Snares used for keeping animals away

Dr Qayoom stated that pineapples filled with firecrackers are used as a snare for catching wild boars. He said, "No one would have fed the pineapple to the elephant. The animal must have found it lying somewhere and must have consumed it herself not knowing what lies ahead for her."

He also stated a second possibility. He said, "Some people actually do such insane things as they consider wild animals as a threat to their property and life. Such incidents do happen at places where wild animals create problems for human beings."

Snares are often found around farms, coffee plantations

He added that wild boars often spoil crops and people use snares as a way to protect their farms and crops. This year, it was reported that the government would soon permit farmers with licensed firearms to shoot wild boars that wander into their lands. The problem is that people do not limit their snares to only wild boars and there have been several incidents when tigers, leopards and other animals have fallen prey to these haphazardly placed snares around farms, coffee farms and wildlife corridors.

Elephant kept standing in water before dying

The pregnant wild elephant originally belonged to Silent Valley National Park (SVNP), Palakkad. As the elephant died, she remained calm despite being in excruciating pain. The elephant kept standing and died at Velliyar River, Malappuram, with its trunk in the water.

The elephant was 15-years-old and was probably getting some relief as it stood in the water after her tongue and mouth exploded. Mohan Krishnan, Section Forest Officer, Nilambur, shared the sad incident on his Facebook page where he had acted as the Rapid Response Team official to rescue the elephant, which was in distress.

When a postmortem examination was carried out, it was learnt that the reason for the elephant's death was due to asphyxia where water had got into her lungs and trachea. Dr David Abraham, Assistant Forest Veterinary Officer, Thrissur, carried out the postmortem.

Dr David said, "I have so far done more than 250 postmortems of elephants alone in my more than two decades career. But this was the first time I was so moved as I could hold the foetus of the baby in my hands. Initially, none of us was aware that the elephant was pregnant. After seeing her heart, I spotted the amniotic fluid and realized that she was pregnant."

Claim reviewed :

Fact checking Palakkad elephant death

Claimed By :

Twitter, Facebook and Youtube posts.

Fact Check :

False

https://t.co/uR4p7rDUli

Comments

Peta
 - 
Thursday, 4 Jun 2020

Still killed by human, what this media want to justify the killing will be filing suit on this media soon...u will be in trouble soon.

MOHAMMED MOOLU…
 - 
Wednesday, 3 Jun 2020

A very cruel, henious and inhumen act. This culprit should be with murder and punished sevierly. 

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