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
February 18,2020

Bengaluru, Feb 18: Passengers of the Ahmedabad bound GoAir flight had a providential escape when the engine of the aircraft while on the roll of take-off hit by a foreign object at the Kempe Gowda Bengaluru International Airport on Tuesday.

'The right engine of GoAir flight G8 802 from Ahmedabad to Bengaluru is suspected to have suffered from foreign object damage (FOD) while on take-off roll,' an official statement said.

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News Network
April 25,2020

Mangaluru, Apr 25: In the backdrop of protest staged by locals against the cremation of a 75-year-old woman, who was tested positive for coronavirus, Dakshina Kannada Deputy Commissioner Sindhu B on Friday stated that there is no chance of anyone getting infected from a corpse.

Protocols, as laid by the Centre with regard to cremation of Covid-19 patients, will be followed, said Sindhu in a statement.

The release added that the COVID-19 victims would be buried as per their religious customs. Not more than 20 people would be allowed to perform the last rites. Even closest relatives of the deceased would not be allowed to touch or bathe the body, the release said.

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News Network
January 24,2020

Newsroom, Jan 24: BJP leader and Udupi-Chikkamagaluru MP Shobha Karandlaje has been booked by Kerala police over a misleading and communally provocative social media post.

Karandlaje had tweeted that that Hindus from a colony in Kuttipuram in Malappuram district were denied water supply as they supported the the Citizenship Amendment Act (CAA). 

"Kerala is taking baby steps to become another Kashmir. Hindus of Kuttipuram Panchayat of Malappuram was denied water supply as they supported #CAA2019. #SevaBharati has been supplying water ever since. Will Lutyens telecast this intolerance of PEACEFULS frm God's Own Country!?," she tweeted. 

A case has been booked under section 153(A) of IPC (promoting enmity between different groups on grounds of religion, race etc). Karandlaje took to Twitter to slam the Kerala government, and said it had lodged a complaint against her instead of acting against the discrimination faced by dalit families of Cherukunnu. 

"It is high time the society unites against these pressure tactics of a non-performing, biased left government," she said. 

Karandlaje claimed that the CAA had been accepted by both houses of Parliament and people supporting the Act were facing boycott in business and were being denied basic amenities and jobs. "The CPI(M) government is blind to all these incidents across Kerala, but files a case against me for speaking the truth!" she retorted.

According to reportage from multiple outlets, the colony in Malappuram district's Kuttippuram was dependent on a private individual for water; then came accusations that they were denied the water for attending BJP's pro-CAA rally. 

A resident of the colony was quoted by a newspaper, “We were denied drinking water because our husbands participated in a meeting organised to gather support for the CAA. Some people told the family that they should not give drinking water to us because CAA is a threat to the people in their community.” 

However, the individual in question denied the accusation, claiming a lack of water because of technical issues.

The case was registered after a complaint by lawyer Subhash Chandran, a resident of Malappuram. Aravindan E.A., SI of Kuttippuram police, said, "From a private person's borewell, water was being provided to the people of the colony. This motor had taken for agricultural work and he was recently issued a warning by State Electricity Board. He was told that if he uses the motor for any other purpose, power supply would be disconnected. He then had stopped using the pump following the crisis worsened.”

Comments

Vishwas
 - 
Friday, 24 Jan 2020

This is BJP's usual drama. If your bloody seva bharathi people denied water, there is strong govt and youths to provide water. and other facilities

Yashwantha
 - 
Friday, 24 Jan 2020

Sobhakka's adhika prasanga wont work in kerala. She should visit kerala and experience. She can only boast via social media

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