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
July 11,2020

Bengaluru, Jul 11: The Bharatiya Janata Party led government of Karnataka is planning to ban cow slaughter as well as the sale and consumption of beef in the state by bringing Prevention of Cow Slaughter and Preservation Bill, 2012.

"Many states have passed the Anti-Cow Slaughter Bill. We are preparing to implement it in Karnataka as well. The state government will soon implement a ban on cow slaughter, sale and consumption of beef on the lines of many other states," said Prabhu Chauhan, the state's Animal Husbandry Minister.

The Anti-Cow Slaughter Act is already in place in several states like Gujarat, Delhi, Haryana, Maharashtra, Madhya Pradesh among others.

Last month, the Yogi Adityanath-led Uttar Pradesh government passed a draft ordinance to prevent cow slaughter, providing maximum rigorous imprisonment of 10 years and a fine up to Rs 5 lakh.
The Uttar Pradesh Cabinet Cow Slaughter Prevention (Amendment) Ordinance, 2020 aims at making the existing Uttar Pradesh Prevention of Cow Slaughter Act, 1955 more effective towards cow safety.

In Karnataka, the BJP-led government had promised to ban cow slaughter in its manifesto for 2018 state assembly election.

"The government will form a team of experts to look into once the current pandemic situation eases," Chauhan stated, adding that if necessary, the team of experts will visit states like Uttar Pradesh, Gujarat.

The then BS Yediyurappa-led BJP government had passed the Karnataka Prevention of Cow Slaughter and Protection Bill in 2010 but it failed to get presidential approval. Three years later, the Bill was withdrawn by the Siddaramaiah-led Congress government.

"I will discuss this matter with Chief Minister and if this pandemic situation eases, by next session, if not by upcoming assembly session, we will try to bring Karnataka Prevention of Slaughter and Preservation of Cattle Bill," Chauhan added.

Comments

Go-pitha maha
 - 
Sunday, 12 Jul 2020

now india is ruled by most unfit people in the world...

one yogi become CM after dumping his family, another became PM after dumping his family and mother, now they teach that COW is mother and need protection...

the main point is here is the business, they know very well muslims make profit in meat business and now they want to steal from them...gomata, protection all these are bullshit...only gobar bakth will belive...

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News Network
May 25,2020

Kasaragod, May 25: An autorickshaw driver from Belur in Kasaragod was admitted for surgery to a hospital after being hit on the head by a falling jackfruit. He was tested positive for the coronavirus. It is not clear how he contracted the viral infection.

“While he was trying to pluck a jackfruit off a tree, one of them fell on him, injuring his spine. His hands and legs were weakened too. His condition required surgery. Our protocol dictates that we subject everyone who require immediate surgery to the covid test, just to be sure. That’s when he tested positive,” said Dr K Sudeep, superintendent of the Pariyaram Medical College in Kannur.

“He had symptoms of Covid-19. But he has no recent travel history or contact with any infected person. We’re not sure if he got it through one of his passengers in the rickshaw. He had visited the district hospital once so he could have got it from there. Anyway, we are examining it and preparing the route maps,” he added.

His family will be quarantined and health workers have begun to trace his immediate primary contacts.

Though there have been a number of cases in Kerala where a person’s source of infection could not be correctly ascertained, such people have gone on to recover without spreading the infection to others.

The Kerala government is conducting testing of high-risk persons on the frontlines, such as police officials, grocery vendors and health workers, as part of its sentinel surveillance programme, but maintains that there’s little evidence of a community spread in the state.

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News Network
July 19,2020

Mangaluru, Jul 19: Palakkad Division of Southern Railway that has jurisdiction over Mangaluru Railway region has established a business development unit (BDU) to cater to the transportation of various sectors, including non-bulk goods traffic, namely, white goods, finished products, manufactured products, agricultural produce and raw material.

In a statement issued here on Sunday said that the BDU’s mandate was to facilitate seamless interaction between the Railways on the one hand and industry, trade representatives and rail freight customers on the other at appropriate zonal or divisional levels. The unit was also expected to help expeditious clearance of their proposals for freight movement.

Palakkad Divisional Railway Manager Pratap Singh Shami established the BDU in line with the similar unit at the zonal level with other divisions of SR too setting up similar units. Palakkad BDU would work under the supervision of Additional DRM-II CT Sakkeer Hussain while Senior Divisional Operations Manager PL Ashok Kumar was its convener with Senior Divisional Commercial Manager Jerin G Anand, Senior Divisional Mechanical Engineer KV Sundaresan and Senior Divisional Finance Manager AP Sivachandrar were its members.

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