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
April 3,2020

Bengaluru, April 3: Messages have been displayed outside mosques in Shivajinagar requesting people to offer Friday prayers at home during the lockdown imposed in the wake of the COVID-19 threat.

In light of the coronavirus outbreak, several Muslim organisations and mosques across various states have temporarily halted the congregational prayers.

The usually bustling Jama Masjid area, today, wore a deserted look.

One new positive case of COVID-19 was reported in Karnataka on Friday.

The patient is a 75-year-old man from Bagalkot and has been isolated at a designated hospital in Bagalkot, the state government said.

"Till date, 125 COVID-19 cases have been confirmed in the state, this includes three deaths and 11 discharges," it added.

The total number of coronavirus positive cases rose to 2301 in India on Friday, including 156 cured/discharged, 56 deaths and 1 migrated, as per the data provided by the Ministry of Health and Family Welfare.

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News Network
July 21,2020

Bengaluru, Jul 21: The total number of Covid-19 cases in Karnataka breached the 70,000 mark on Tuesday as the state reported 3,649 fresh infections, while 61 fatalities took the death toll to 1,464, the health department said.

The day also saw 1,664 patients getting discharged after recovery. Out of 3,649 fresh cases reported on Tuesday, a whopping 1,714 were from Bengaluru urban alone. As of July 21 evening, cumulatively 71,069 Covid-19 cases have been confirmed in Karnataka, which includes 1,464 deaths and 25,459 discharges, the health department said in its bulletin.

It said that out of the 44,140 active cases, 43,557 patients are in isolation at designated hospitals and are stable, while 583 are in Intensive Care Units.

Twenty-two out of 61 deaths reported on Tuesday are from Bengaluru urban, followed by five each from Dakshina Kannada, Mysuru and Dharwad, four each from Kolar and Belagavi, three each from Hassan, Tumakuru and Haveri, Bidar 2, and one each from Chikkaballapura, Chikkamagaluru, Chamarajanagara, Gadag and Vijayapura.

Most of the deceased either had a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI). Out of 3,649 cases tested positive on Tuesday, contacts of the large number of the cases are still under tracing.

Among the districts where new cases were reported, Bengaluru urban accounted for 1,714, Ballari 193, Dakshina Kannada 149, Mysuru 135, Yadgir 117, Uttara Kannada 109, Hassan 107, Kolar 103, followed by others.

Bengaluru urban district topped the list of positive cases, with 34,943 infections, followed by Dakshina Kannada 3,829 and Kalaburagi 2,966. Among discharges Bengaluru urban was on top with 7,476 discharges, followed by Kalabuagi 1,834 and Udupi 1,731.

A total of 10,64,734 samples were tested so far, out of which 43,904 were tested on Tuesday alone, the bulletin said. It said that 19,328 of the 43,904 samples tested today were rapid antigen tests.

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coastaldigest.com news network
August 6,2020

Bengaluru/Mangaluru, Aug 6: Battered by torrential rains, several parts of Karnataka are facing a flood-like situation for the third consecutive year, putting lives and property at risk. 

Several districts of the state's coastal, Malnad and north interior regions are receiving heavy rains and the showers are expected to continue, while there are reports of landslides in hilly areas of Kodagu and Chikkamagaluru districts.

With flood-like situation in several parts of the state, Chief Minister B S Yediyurappa, who is currently undergoing treatment for COVID-19 infection at a private hospital here, has ordered immediate release of Rs 50 crore for emergency relief.

"In wake of heavy rains in several parts of the state, I have instructed the Chief Secretary to review the situation and issued instructions to DCs (Deputy Commissioners) to closely monitor the situation & take necessary measures. Also ordered immediate release of Rs 50 crores for emergency relief purposes," he tweeted last night.

A statement released by the CMO on Thursday said, Yediyurappa has directed the district in-charge Ministers to take precautionary measures in the wake of heavy rainfall across the state.

He instructed the ministers to remain in their constituencies and tour the damaged areas and also directed them to undertake relief distribution and other necessary measures.

"Rs 50 crore has already been released and if necessary more funds would be released. The ministers can take decisions regarding emergency works," he added.

Revenue Minister R Ashoka said he had spoken to Deputy Commissioners of all the districts and given them necessary instructions to respond immediately to the situation.

He has called for a meeting of the disaster management authority later today.

Home Minister Basavaraj Bommai said he will be holding a meeting with the State Disaster Response Force (SDRF) regarding relief and rescue measures to be taken.

Parts of districts in coastal and Malnad regions are currently under red alert and rains are likely to continue there.

Officials said, "... depending on the situation we will downgrade the alerts, it (rains) is likely to reduce during the next couple of days...wind speed is also high some parts, it may also reduce."

In Kodagu district along with widespread rains, landslides have also occurred.

There have been landslides at Brahmagiri, near Talacauvery, the origin of river Cauvery.

"At least four to five people- including the Talacauvery temple priest and family are currently missing... rescue teams have reached the spot," officials said, adding that sensing danger the priest had been asked to vacate the house earlier but he did not.

This is the third consecutive year that Kodagu is facing floods and landslides.

Several parts of north Karnataka, especially the border district of Belagavi are also facing flood situation as inflow has increased in Krishna river and its tributaries due to heavy rains in neighboring Maharashtra and also in the district.

With inflow increasing in Tungabhadra river, there is flood like situation in parts of Ballari district also.

There is a similar situation in Uttara Kannada district that is battered by rains and heavy winds.

The swollen Gangavali river has caused flood like situation in parts of the district.

Due to continuous rains in coastal and Malnad region several rivers including Netravati are swollen and gates of the dams have been opened.

There are also reports of heavy rains and wind causing destruction to crops in parts of Dharwad and Haveri among other districts.

The Karnataka government had recently said it has identified 1,989 villages and over 51 lakh people in 19 districts as flood prone.

As a temporary arrangement for those who will be affected by floods, as many as 1,747 relief centres have been identified- they are schools, anganwadi centres, community centres among others, Minister Ashoka had said recently.

In August 2019, Karnataka witnessed one of its worst natural calamities when heavy floods affected 103 taluks in 22 districts, killing more than 80 people and displacing nearly seven lakh people.

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