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
June 11,2020

Bengaluru, Jun 11: A love triangle took a violent turn when a final-year engineering student was assaulted by both her current and former lovers. She's now battling for her life in the ICU, police said. 

For the 22-year-old woman, who lives in Sidedahalli, it was a case of fast-changing relationships. She broke up with a fellow student Babith, 21, a few months ago after having dated him for four years. Four months ago, she started seeing another collegemate named Rahul, 22, and everything seemed fine. 

On June 7, she went to Rahul's house, ostensibly for his birthday party, after informing her parents. Babith got wind of it and barged into Rahul's house. The trio got into an argument, and Rahul abused and assaulted her. 

The woman decided to leave him, and went with Babith to his house in Chikkabanavara, North Bengaluru. But things didn't end there. Babith picked an argument with her. Things became so bad that he attacked her with a helmet. 

He then panicked and called her parents, asking them to take her home. When her parents arrived, they found only Babith, his mother and sister in the house. Babith's family directed them to a bedroom where she was lying motionless, with her face being badly wounded. 

When her parents demanded to know what had happened, nobody responded. They took her to a hospital where her condition remains serious. A while later, Babith came to the hospital and gave her parents the key of her scooter. He told them what had happened and allegedly warned them against filing a police complaint. 

Her mother, however, filed a complaint with the jurisdictional Soladevanahalli police. According to her, Babith had fought with her daughter at their house for not taking his phone calls six months ago. 

Shashikumar N, Deputy Commissioner of Police (North), said both the men had been arrested and that further investigations are underway. 

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coastaldigest.com news network
June 27,2020

Bengaluru, June 27: In the wake of mounting covid-19 cases across Karnataka, the state government has decided to extend the night curfew hours and to re-impose Sunday lockdown. 

Chief Minister BS Yediyurappa held an emergency meeting on Saturday with the state's top officials to discuss measures to further contain the spread of the novel coronavirus. 

During the meeting, it was decided that a state-wide lockdown will be imposed on each Sunday starting July 5. Only essential services and supplies will be allowed on Sundays.

Timings of the night curfew have also been revised to 8 PM - 5 AM from the earlier 9 PM - 5 AM. “We have decided to impose a curfew starting Monday, June 29, from 8 pm to 5 am every day. Right now, the curfew timing is 9 pm to 5 am, but it’ll be advanced by an hour to 8 pm,” said Home Minister Basavaraj Bommai

Commissioner of Bengaluru's civic body, BBMP has been directed to set up more wholesale vegetable markets to deter large crowds.

Meanwhile, government offices in Karnataka will open only five days a week and the weekend will be off for government employees.

It was also decided during the meeting on Saturday that a centralized bed-allocation system for Covid-19 patients will be taken up to ensure that each patient gets a bed without overwhelming the healthcare infrastructure.

Yediyurappa has also instructed officials to increase the number of ambulances for Covid-19 patients to 250 apart from arranging separate vehicles to carry mortal remains of victims. The police control room will aid officials in identifying the location and easing the movement of ambulances.

Information about nodal officers working for COVID management will be published. Joint Commissioners of 8 regions will be given additional responsibilities and KAS officers will be appointed to assist them.

The services of 180 ESI doctors appointed by the Labour Department will also be relied on by the state government. CM Yediyurappa has also asked officials to reserve wedding halls, hostels and other institutions in Bengaluru as COVID Care Centres.

Bengaluru Urban DC, on the other hand, was instructed to identify more places for the last rites of patients and also to form more teams for this purpose. 

The BBMP Commissioner has been told to notify reservation of 50 per cent beds in medical colleges and private hospitals.

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News Network
February 22,2020

Bengaluru, Feb 22: Student activist Amulya Leona, who was arrested on sedition charge after she raised ‘Pakistan Zindabad’ slogans during an anti-CAA event at Bengaluru’s Freedom Park on Thursday evening, has now criticised the organisers of the event for snatching away microphone from her hand.

The event was organised by ‘Hindu Muslim Sikh Isaai Federation’. Soon after she started pro-Pak slogans All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi rushed and tried to snatch mic from her hand. When she continued to speak, her microphone was deactivated.

According to police, the 19-year-old BA journalism student blamed her predicament on the organisers of the protest for not allowing her to complete what she wanted to say on stage.

"Maybe she had intended to say what she had recently posted on her Facebook page where she has said ‘Zindabad’ to all the countries, including India and Pakistan. But it went awry. She was not answering any of our questions, but kept saying she had not done anything wrong," a senior police officer was quoted as saying by a news paper.

The police have booked Leona for sedition and promoting enmity between groups. After her arrest, she was thoroughly questioned by the police for over two hours. After recording her statement, the police produced her before a magistrate in the wee hours of Friday. When she was taken to the judge’s residence, located at the National Games Village in Koramangala, Leona pointed towards the TV cameras and flashed a victory sign.

As the police did not seek her custody, the judge remanded her to judicial custody and she was subsequently taken to Bengaluru Central Prison at Parappana Agrahara. Her advocate is expected to file a bail application in the court on Monday.

When the police took her into custody at Freedom Park and quizzed her, she reportedly did not answer any of their questions but kept insisting that she had not done anything anti-national to be charged with sedition.

"It was the organisers’ mistake to snatch the mike from me before I completed what I had to say. Because of them, I have been arrested today. If they had given me a chance to complete what I had to say, nothing like this would have happened. Now, there is no point in telling you what I intended to speak there. But I can say that there was nothing anti-national in what I did. You can initiate action against me and my advocate will fight the case," a source, citing Leona, said.

The police recorded whatever she said as her voluntary statement and submitted it to the magistrate. "We tried to find out why she did what she did and whether there was anyone else behind her making such a statement. But it appears she had done it on her own," the police official said.

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