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
June 26,2020

Bantwal, Jun 26: A day after expressing gratitude for the overwhelming response from students for the SSLC examinations, Karnataka Minister for Primary and Secondary Education S Suresh Kumar on Friday took to Twitter to laud a student who didn’t let his physical hurdles deter him from writing the examination.

Sharing image of the student, Kaushik, who wrote the SSLC examination at Bantwal’s SVS High School, the Minister said that he was taken aback by the boy’s spirit for writing the exam independently without relying on anyone’s help. Such individuals give new meaning to life. Others should learn from this.

In the picture, Kaushik is seen seated on the floor and using his toes to write answers.

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coastaldigest.com news network
May 23,2020

Mangaluru, May 23: Criticising the Karnataka government's fresh protocol for management of Covid-19 as expensive, a prominent physician in the city has demanded its withdrawal.

According to Dr B Srinivas Kakkilaya, the protocol released by the Health and Family Welfare Department on May 15 enlists unnecessary and unconfirmed tests and treatments. 

The protocol has classified Covid-19 cases into three categories and has provided for hospitalisation of all three categories of patients, from asymptomatic to the most severely ill.

In a letter to the government, Dr Kakkilaya said: "The protocol suggests several investigations to be done right on the day of admission, including blood counts, liver and renal function tests, chest X Ray, ECG, CT scan of the chest, and other special investigations, all of which, if done, will cost Rs 25,000 per patient."

"In the coming days when lakhs of patients are likely to be infected with SARS CoV2, is it necessary and feasible to hospitalise and test all these patients at Rs 25,000 per person," he questioned.

The treatment options suggested in the protocol are also surprising, he pointed out. "The protocol recommends choloroquine, azithromycin, oseltamivir, zinc and vitamin C for all patients, from asymptomatic to the severely ill, and also anti coagulant injections for many patients. All these would cost at least Rs 5,000 per patient. For severe cases of Covid-19, many unproven and experimental treatments have been suggested, which are very expensive and highly questionable," Dr Kakkilaya notes.

Therefore, this protocol, he asserted was not evidence based and likely to do more harm than good. He said these unnecessarily expensive tests and allowing private companies to conduct trials on Covid-19 patients is likely to be misused by vested interests and must be immediately withdrawn, and instead, a protocol that is evidence-based, simple and avoiding unnecessary expenses, must be developed.

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News Network
April 20,2020

Bengaluru, Apr 20: As many as 59 people were arrested on Monday for attacking police and health officials at the minority dominated Padarayanapura in the city when they went to quarantine some people, police said.

"Fifty-nine people have been arrested (in Padarayanapura) and have been taken into custody. The people attacked the officials who had gone to quarantine some poeple who were the primary and secondary contacts of three COVID-19 patients," a police officer said.

A large number of people, mostly youth from the minority community poured on to the road on Sunday and thrashed the health workers who had gone to quarantine some people who were the primary and secondary contacts of the health workers.

The officials were allegedly beaten black and blue.

Some local residents who went to the rescue of these officials were also thrashed.

According to police, one among the arrested is a woman by name Firoza who had allegedly instigated the mob to attack the health and police officials.

Subsequently, a large number of police personnel were deployed in the area to avert any untoward incident and to quarantine those who are suspected to be infected with COVID- 19.

Blowing sirens, a strong contingent of policemen carried out a flag march in the area.

The Bengaluru police commissioner Bhaskar Rao later called on Chief Minister B S Yediyurappa and briefed him about the situation in Padayarayanapura.

The violent incident drew angry reactions from various quarters.

Karnataka Home Minister Basavaraj Bommai said an incident like the one at Padayarayanapura will not be tolerated.

"I met Chief Minister and briefed him about the incident. He has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people. Five FIRs have been registered," the minister told reporters.

Bommai, who visited the area took the senior police officials to task for not being present on the spot when the incident took place.

"Where were you? What were you doing when the incident happened?" he questioned a senior police officer.

"We will demonstrate to the people what is containment zone, what is seal down and what is police action," he said.

Condemning the incident, Health Minister B Srimulu warned those who indulged in such activities.

"The inhuman act of attacking police and health workers in Padarayanapura is highly deplorable. Our government will take appropriate step against those indulging in the attack on health officials and police officials who had gone there to protect them," he tweeted.

BJP's firebrand MP Shobha Karandlaje reacted sharply.

"Seculars attack #CoronaWarriors when they were quarantining the secondary contacts of #Covid19 in Padarayanapura of BLR. While #HealthcareHeroes are working overnight to contain #CoronaPandemic, these morons are assaulting our heroes! Let's not be soft on these anti- nationals!" Karandlaje tweeted.

Meanwhile, the minority leaders called on Congress state president D K Shivakumar to persuade the people of the minority community to assist in identifying the COVID-19 patients or carriers.

Former chief minister H D Kumaraswamy too condemned the attack and demanded stringent action against the culprits.

The Congress MLA from the area B Z Zameer Ahmed Khan while condemning the incident, sought to know why the health workers and police officials went to the area late in the night and not in the morning.

"Why did the police and the health workers go in the night when I had told the BBMP Commissioner that I will take them at 10 am?" Khan told reporters.

Defending those who attacked the government officials, Khan said they were uneducated labourers who didn't know what they were doing.

Padarayanapura and Bapuji Nagar were among the first areas to be completely sealed as people were not abiding by the prohibitory orders under Section 144 of the CrPC.

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