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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coastaldigest.com news network
July 21,2020

New Delhi, Jul 21: A 42-year-old contractual doctor, who was working with Delhi government's National Health Mission, passed away yesterday due to covid-19.

Dr Javed Ali had been on the frontline in the fight against the highly contagious illness since March. He tested positive for coronavirus on June 24 and was hospitalised for treatment over the next three weeks.

For the last 10 days, he was on a ventilator. Yesterday morning, Dr Ali breathed his last at the AIIMS trauma centre. He is survived by his wife and two children - a six-year-old son and a 12-year-old daughter.

"I am proud of my husband. He kept working till the end and he is a martyr. He did not take even one day off since March. He worked even on Eid," Dr Heena Kausar, his wife, told media persons.

The cost for the initial treatment at the private hospital was also borne by the family. "No treatment cost was covered when he was at a private hospital initially. We spent around Rs 6 lakh from our own pockets," she said.

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News Network
January 27,2020

New Delhi, Jan 27: Non-Muslim refugees from Pakistan, Bangladesh and Afghanistan will have to provide proofs of their religious beliefs while applying for Indian citizenship under the controversial Citizenship Amendment Bill (CAA), officials said on Monday.

The applicants belonging to Hindu, Sikh, Christian, Buddhist, Jain or Parsi faiths will also have to furnish documents to prove that they entered India on or before December 31, 2014.

Those who will seek Indian citizenship under the CAA will have to provide proofs of their religious beliefs and this will be mentioned in the rules to be issued under the CAA, a government official said.

According to the CAA, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come from Pakistan, Bangladesh and Afghanistan till December 31, 2014, due to religious persecution there will not be treated as illegal immigrants and will be given Indian citizenship.

The central government is also likely to give a relatively smaller window of just three months to those who want to apply for Indian citizenship in Assam under the CAA, another official said.

Some Assam-specific provisions are expected to be incorporated in the rules to be issued for the implementation of the CAA.

Assam chief minister Sarbananda Sonowal and his finance minister Himanta Biswa Sarma had made a request about a fortnight ago to keep a limited period window for applying under the CAA and also incorporate some other Assam-specific provisions in the CAA rules.

The move comes in view of continuing protests against the CAA in Assam that have been going on since the legislation was passed by Parliament in December last year.

There has been a growing feeling among the indigenous people of Assam that the newly enacted legislation will hurt their interests politically, culturally as well as socially.

The Assam Accord provides for detection and deportation of all illegal immigrants who have entered the country after 1971 and are living in the state, irrespective of their religion.

The protesters in Assam say that the CAA violates the provisions of the Assam Accord.

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News Network
February 16,2020

Hubballi, Feb 16: Rs 72,000 crore investment proposals were received at the Invest Karnataka meet, here on Friday, for the states northern region, said an official on Saturday.

"About 50 foreign and domestic firms have proposed to invest Rs 72,000 crore in the northwest and northern regions of the state and a dozen companies signed agreements with us," state Industries Department Secretary Gaurav Gupta said.

Rajesh Exports, Bengaluru-based group, signed an agreement to set up a manufacturing unit at Dharwad to rollout electric vehicles and make lithium ion batteries.

"Rajesh Exports proposes to invest about Rs 50,000 crore for manufacturing electric cars and lithium ion batteries for the domestic and overseas markets. It will generate about 10,000 jobs," said Gupta.

Similarly, Sonali Power has signed a pact with the state nodal agency (Udyog Mitra) to set up a solar power plant at Davangere at a cost of Rs 4,800 crore, which will generate 2,100 direct jobs.

Chief Minister B.S. Yediyurappa claimed several firms had come forward to collectively invest Rs 1 lakh crore since the BJP government came into being in July 2019.

"Many Indian and foreign firms will sign agreements with the state government at the 3-day Global Investors meet in Bengaluru on November 3-5," Yediyurappa said at the 'Invest Karnataka' meet.

Noting that Karnataka was rich in natural and human resources, especially in high-tech and skilled workforce, Yediyurappa said investment opportunities were plenty in aerospace, automobiles, machine tools, electric vehicles and bio-technology besides information technology.

"About 40 global firms expressed interest to invest in the state at a roadshow held at Davos, Switzerland, on the margins of the World Economic Forum (WEF) meet on January 23," he said.

Under the new industrial policy, the state government will set up clusters to make toys at Koppal, textiles in Bellari, solar equipment at Kalaburagi and farm machinery at Bidar.

"We are committed to make North Karnataka a power house of industries for the region's development, with Hubballi-Dharwad as the growth hub," Yediyurappa said.

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