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
April 23,2020

Mangaluru, Apr 23: Muslims in coastal Karnataka will fast tomorrow (April 24) along with Middle Eastern Muslims as the Khazis in the region have confirmed the beginning of the blessed month of Ramadan tonight.

Religious authorities in Saudi Arabia and a few Middle Eastern countries have already declared that Friday will be the start of the month of fasting.

In Kerala and twin districts of coastal Karnataka - Dakshina Kannada and Udupi- the announcement was made following maghrib praers as the cresent moon was sighted in a few places in Kerala.

The Thakbeer was pronounced from the minarets of the mosques across Dakshina Kannada and Udupi after Maghrib Namaz as the religious heads confirmed the moon sighting. 

However, the religious heads including Mangaluru Khazi Twaqa Ahmed Musliar and Udupi Khazi Ibrahim Musliyar Bekal, have urged the Muslims to offer all the prayers including Taraveeh at homes along with family members due to the lockdown imposed to prevent the spread of coronavirus. 

There will be no congregational taraveeh prayers in mosques and Muslims should follow the covid-19 guidelines of the government, they stated.

Ramadan begins around 11 days earlier each year. Its start is calculated based on the sighting of the new moon, which marks the beginning of the Muslim lunar month that varies between 29 or 30 days.

During the month, Muslims are expected to abstain during daylight hours from food, drink, smoking and sex to focus on spirituality.

Comments

Sajid
 - 
Thursday, 23 Apr 2020

How it is possible that only Kerala people can witness the moon? 

 

Can they come forward in Media and give Shahaadah, why the other parts of India will not follow.

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Agencies
July 5,2020

Dubai, Jul 5: Three Indians, who were repatriated on a chartered flight from the UAE on Friday, have been held in the state of Rajasthan after officials seized gold worth Dh2.2million from them, the government announced on Saturday.

They are likely to be placed under arrest along with 11 others, who were repatriated from Saudi Arabia, from whom gold worth Dh5.5million was seized, a statement from the government tweeted by Press Information Bureau in Rajasthan said.

The gold bars were hidden in emergency lamps, photos attached to the tweets showed.

The 14 passengers had arrived at the Jaipur International Airport by two chartered flights.

They were intercepted by the Customs team at the airport and 31.9kg of gold valued at Rs156,759,820 (Dh7.7million) concealed in the baggage was recovered from these passengers.

Three passengers arrived from Ras Al Khaimah by Spice Jet Flight SG9055 and 12 gold bars/bricks weighing 9.3kg valued at Rs.45,761,100 (Dh2.2million) were recovered from them, the statement said.

The Indian Consulate in Dubai confirmed to Gulf News that the flight was chartered by a private company for repatriating its employees.

It is suspected that the passengers were used as carriers to smuggle gold.

The other 11 accused had arrived from Riyadh and 22.65kg of gold bars, predominantly with Suisse markings, valued at Rs110,998,720 (Dh5.5million) were recovered from them.

“The said recovered gold bars have been seized under Section 110 of the Customs Act, 1962. The said passengers are being interrogated and are likely to be placed under arrest in terms of section 104 of the Customs Act, 1962,” the statement added.

Indian media had earlier reported similar cases in which stranded Indians were apparently lured to be carriers for smuggling gold on repatriation flights from various countries.

A spike in gold smuggling attempts using Indians getting repatriated after losing jobs was also reported from the Indian state of Kerala.

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News Network
January 23,2020

Bengaluru, Jan 23: An alleged low-intensity blast on Wednesday late evening in Shanthinagar left three-time Congress MLA NA Harris and six others with burn injuries. The blast reported at around 8:30 pm during a cultural programme gripped the central parts of Bengaluru in a panic especially after the incident of police recovering a live bomb in Mangaluru airport. 

According to sources in Shanthinagar, MLA Harris was attending the birthday celebrations of MGR organized by the locals close to his residence in Shanthinagar. Following the blast, Harris and a few others who standing close to the MLA sustained burn injuries and rushed to the nearby Philomena Hospital immediately and police officials from both the Ashok Nagar and Vivek Nagar visited the spot. The police officials are yet to confirm whether it was a bomb blast or due to the bursting of loud and powerful crackers. 

Chethan Singh Rathore, DCP (Central) visited the hospital and the blast site. A team of forensic science lab experts have also been summoned to the spot to collect samples for ascertaining the nature of the blast. MLA Harris’s son Mohammed Nalapad who rushed to the hospital along with supporters told media persons that they are completely shocked by the incident. 

“He was sitting on a chair and suddenly something that was hurled at him exploded beneath the chair. He sustained injuries to his leg and brought to the hospital. He is being treated by a team of doctors and other injured supporters are also being attended to by the doctors,” Nalapad said. 

Expressing shock over the incident, he said, “My father has been an MLA for 12-years and nothing of this sort had happened before in the constituency. We have no rivals and my father never had any gunmen. We are all shocked and have complained to the jurisdictional police.” 

Meantime, Dr Shankar Prasad, Medical Director, St Philomena’s Hospital explained that Harris and others are currently being treated for minor injuries. “None of them have any open cut injuries and they are being examined further,” Dr Prasad told DH. 

According to Dr Prasad, Harris had a minor blood clot in his left leg which was possibly due to a hard object hitting him during the blast. “We have taken X-Ray and examining further. At the look of it, it seems like a very minor injury,” he added. 

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