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 25,2020

Bengaluru, Jan 25: The local police will provide security for Sri Nijagunananda Swami and his Kittur Nishkal Mantapa Mutt following a letter containing a threat to his life that was received on Friday.

The letter, containing the names of 15 liberal thinkers and activists, was circulated widely on social media and shown on some Kannada TV channels. The letter is addressed to the seer, and it condemns his lectures where he speaks in favour of liberal values.

“The decision to eliminate you will be taken on January 21. You will be eliminated, along with 15 of your followers and people who think like you,” the letter said. 

Among those threatened are Nidumamidi Channammalla Swami, Jnyana Prakash Swami, the former Chief Minister H.D. Kumaraswamy, actors Prakash Raj and Chetan Kumar, writer Chandrashekar Patil, Brinda Karat of the CPI(M) and writer K.S. Bhagavan.

It is not the first time that the seer is getting such threats. Two years ago, Belagavi Police had provided security to the seer following threats to his life. Last year, he got a phone call from a person from Shivamogga district. But the seer did not bother to complain.

This time, the district police will seek a written complaint from the seer. “We will assess the threat perception and the security levels. Adequate security will be provided,” the police said.

The seer is now camping in Jewargi in Kalaburagi district. “We have intimated the Kalaburagi Superintendent of Police of the need for immediate security arrangements. We will take steps to provide adequate security to him once he arrives in Belagavi district,” Superintendent of Police Lakshman Nimbaragi said.

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News Network
April 29,2020

Bengaluru, Apr 29: As many as 11 more people have tested positive for the coronavirus in the last 24 hours in Karnataka, said the State's Health Department on Wednesday.

According to an official statement, 11 new COVID-19 positive cases were reported from 5 pm on April 28 to 5 pm on April 29.

"With this, the total number of positive coronavirus cases in the state has mounted to 534, of which 20 deaths have been reported and 215 people have recovered," added the statement.

Of 20 coronavirus patients who died, one death was due to the non-COVID cause, the statement further said.

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News Network
February 23,2020

Udupi, Feb 23: Karnataka's minister for Tourism and Culture CT Ravi on Sunday said that India is losing money as because people travel abroad to visit casinos.

Arguing that casinos are being used by countries to promote tourism, he took to Twitter to highlight the issue, saying, "During my interaction with FKCCI, I had mentioned that many countries have promoted Tourism through Casinos. Isn't it a fact that lakhs of Indians go abroad to play in Casinos? Can anyone stop them? At the moment, there is no proposal before Our Govt to set up Casinos here,' he tweeted in the morning.

He also urged the Central government to stop people from visiting abroad.

Yesterday, the minister had stated that he has no intention of developing "casino tourism" in the state.

"I only expressed my opinion on how other countries have promoted tourism, during a discussion. Casino tourism is one such thing, I have no intention of developing it here," Ravi had told media when asked to comment on Karnataka government's proposal of casinos in Coastal Karnataka.

"What I meant was many Indians go and spend there, our money should be spent here itself," he had said.

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