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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
June 18,2020

Udupi, Jun 18: Two youths lost their lives in a ghastly road mishap involving a vegetable-laden mini truck near Santhekatte in Udupi today. 

The deceased have been identified as Dinesh (35) and Manjunath (21), both hailed from Balkur village in Kundapur taluk.

The accident took place at around 7 a.m. when the mini truck was carrying vegetables from Kundapur to Udupi. 

According to sources, Dinesh, who was driving the vehicle, lost control and rammed into a pole next to the national highway. 

Both Dinesh and his assistant Manjunath suffered head injuries in the accident. They were rushed to Ajjarkad district hospital where they were declared dead on arrival.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 6,2020

Bengaluru, April 6: Karnataka Chief Minister BS Yediyurappa on Monday said he is following the one-time fasting as per the order by BJP President JP Nadda.

"I am following the one-time fasting as per the order by our national President JP Nadda, on BJP foundation day today, as a mark of respect to doctors, nurses, media personnel," said BS Yediyurappa.

In his message to BJP workers earlier today, Nadda stated, "All BJP Karyakartas to give up one meal on our Foundation Day as a way to show solidarity with people facing hardships during the lockdown. Provide food packets to 5+1 needy under #FeedtheNeedy program. In the next one week, put a system in place where we can provide two homemade face covers to each person at our booth. We should circulate videos of preparation and distribution of such face covers with #WearFaceCoverStaySafe."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 29,2020

New Delhi, Apr 29: Karnataka is likely to withdraw the case filed against a CRPF commando who was arrested by state police officials for alleged assault on them during COVID-19 lockdown duty in Belgaum, a charge contested by the paramilitary Central Reserve Police Force.

In a bid to diffuse the ongoing tussle between CRPF and Karnataka police, the official communication sent to CRPF headquarters on Tuesday, with the details of bail granted to CRPF jawan Sunil Sachin Sawant, stated that the issue was discussed with the DGP Karnataka and other senior state authorities with a request to withdraw the case.

According to official communication, Karnataka Director General of Police has assured top CRPF officers that the "case registered against CRPF CoBRA commando is likely to be withdrawn by the state authorities".

The communication also states that "they assured that the criminal case registered against constable of 207 CoBRA BN is likely to be withdrawn by the state authority."

A CRPF CoBRA commando was thrashed and dragged to police station barefoot by police on April 23 for allegedly violating lockdown norms and assaulting/deterring public servant from discharging his duty in Belgavi district of Karnataka. A case was also registered against him.

This is not the first time when the state is showing efforts to solve the matter amicably.

Karnataka culture and tourism minister CT Ravi had also tweeted on April 27 claiming that he had a word with two ministers including state deputy chief minister who 'confirmed that the issue will be resolved amicably'

"Unfortunate that this incident happened with a CRPF Commando and the police. I have spoken with Industries Minister @JagadishShettar and Transport Minister @LaxmanSavadi. Both have confirmed that the issue will be resolved amicably," CT Ravi had tweeted.

CRPF Additional Director General (ADG) Sanjay Arora had also written to DG showing his displeasure over the ill-treatment done by Karnataka police with CRPF jawan and had said that "Keeping in view the gravity of the incident and its impact on the relationship between the two police forces, I am desired by the Director-General CRPF to request you to kindly get the matter inquired and provide justice. We would be thankful if you could inform us of the outcome."

Arora, in his letter, had also said that Karnataka police should have informed the force before registering a case.

The CRPF CbBRA commando was on extended leave and cleaning his motorcycle in front of his house in Examba city when he was allegedly manhandled and ill-treated in front of his family members and paraded to the police station barefoot, where he was kept in chains and handcuff.

The commando was granted bail by a court on Tuesday in the matter.

Sunil Sachin Sawant has been involved in various anti-Naxals operations and is a part of the CRPF elite CoBRA force, which is famous for doing anti-Naxals operations and has eliminated hundreds of Naxals in the past few years.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.