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 24,2020

Bengaluru, Jan 24: After Honnalli legislator MP Renukacharya, Ballari City MLA Somashekara Reddy and deputy chief minister Govind Karjol, it appeared the turn of revenue minister R Ashoka to show the BJP in poor light with controversial and provocative comments against a minority community. This, despite a gag order issued by state BJP president Nalin Kumar Kateel.

Responding to questions on the Mangaluru International Airport bomb scare incident and how the main accused would have been treated had he been a Muslim, Ashoka on Thursday said "all anti-nationals must be shot dead". Meanwhile, Renukacharya, also a political secretary to chief minister BS Yediyurappa, continued his tirade against Muslims, insisting the government will not extend any "special package" to the community.

Soon after garlanding the statue of Netaji Subhas Chandra Bose on the birth anniversary of the freedom fighter, at Vidhana Soudha on Thursday, Ashoka said: "All those who are singing the tune of Pakistan and indulging in anti-national activities, be they Hindu, Christian or Muslim, must be shot dead."

Asked to respond to former chief minister HD Kumaraswamy’s accusation that the entire Mangaluru bomb incident was stage-managed by the BJP government to divert attention, Ashoka said the JD(S) functionary "must measure his words" and not speak "like a film director who can project the police as villainous all the time".

"Kumaraswamy is a former CM. When in power, police were his closest friends, but now that he is not in government, the same police are villains," Ashoka said.

The minister reiterated the government’s stand — first floated by home minister Basavaraj Bommai —

that Aditya Rao, the main accused in the Mangaluru bomb incident, is "mentally unstable" and needs to be medically examined.

Renukacharya, meanwhile, justified comments made on Wednesday that the government will not offer Muslims "a special package".

"When they [Muslims] need development funds, they come to us and seek special packages. Once they get funds, they then vote for Congress or JD(S) in elections," Renukacharya said on Thursday. "We do not need people with such double standards. I will apply pressure on all ministers in the cabinet and even the chief minister to ensure they do not allocate any special package for the community."

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News Network
April 13,2020

Bengaluru, Apr 13: Karnataka Chief Minister BS Yediyurappa today held a review meeting with his cabinet colleagues and senior officials regarding prevailing coronavirus situation and several other important issues in the state.

Chief Secretary TM Vijay Bhaskar was also present at the meeting. The possible situation once the COVID-19 lockdown is lifted was discussed along with the financial status of the state government and how to mobilise additional resources, sources said.

The Chief Minister also appealed to sugar factory owners to clear the pending payment to the tune of Rs 2834 crore to farmers in 11 districts. He also said that the government has released Rs 45 crore compensation to farmers for loss of paddy crop in Raichur and Koppal District due to hailstorm based on a report submitted by District Collectors.

Amid the lockdown distribution of free milk to the poor will also be continued for one more week, sources added.

The meeting also decided to speed up disposal of cases related to the regularisation of unauthorised constructions which are pending before the High Court and Supreme Court.

In addition to this, the government is planning to auction more than 12,000 corner sites lying idle in Bengaluru. An amendment to the law governing permission to allow sites in private and co-operative housing societies will be made. Hundreds of societies are waiting for approval from the government for releasing the sites, sources said.

It was also decided to utilise Rs 1,000 crore available at Rajiv Gandhi Health University to upgrade medical college hospitals.

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News Network
June 22,2020

Bengaluru, June 22: Even as the covid-19 positive cases are steadily increasing in Karnataka, an expert has claimed that community transmission has begun in Bengaluru and cases could keep rising over the next two months.

“If you look at the natural course of this virus across countries around the world, it is about six months. Now we’re in the fourth month. This will go on for another two months. It also sounds like this is the beginning of the peak. There is also a possibility of the number of cases going up from now on. Even across India, cases are increasing,” says Dr CN Manjunath, director of Sri Jayadeva Institute of Cardiovascular Sciences and Research and State Task Force member.

Besides the increase in number of cases, the virus is advancing silently, stealthily. A lot of people who are testing positive are asymptomatic. In areas like Padarayanapura, Nanjangud and many places in north Karnataka, there have been positive cases who have not had any contact with infected individuals. Some cases recorded in Bengaluru over the last two to three days have not had any contact with Covid-positive people.

Dr Manjunath adds: “We are in community transmission. This will happen because nature is ahead of everything. We have to take all possible precautionary measures at our command. This has to happen. Only then some kind of herd immunity will be developed.”

“We are expanding the guidelines of testing to include a large number of people to be tested. Now, according to the Indian Council for Medical Research (ICMR) guidelines, only symptomatic Influenza like Illness (ILI) or Severe Acute Respiratory Infection (SARI), or a person coming in contact with an infected person are being tested.

But since we have crossed 100 days in Karnataka from the first reported case and we’re getting cases with no travel history or contact with a Covid-positive person, we have to start random testing across the sub-group population. Only then will we understand the burden of the disease and what precautions need to be taken,” he says.

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