SC hears case of HC’s invalidation of Muslim convert girl’s marriage

coastaldigest.com news network
August 4, 2017

New Delhi, Aug 4: Even as 24-year-old Hadiya, who was forced to end relationship with her husband and stay in her ‘Hindu’ father’s home by Kerala High Court has been reeling under depression, the Supreme Court has been presented with two conflicting versions about her decision to embrace Islam. 

Her husband, Shafeen Jahan, portrayed Hadiya as an independent and devout woman who converted to Islam on her own volition and much before their wedding. Jahan has approached the Supreme Court with a request to order the girl’s father to produce her in court.

On the other hand, backed by Sangh Parivar, her father Ashokan Mani, from Vaikom of Kottayam district, continued to portray her as a victim “trapped by a “well-oiled” racket that uses “psychological measures” to indoctrinate people and convert them to Islam. He also alleged that Jahan is a criminal and his daughter was trapped by a network with connections to Popular Front of India and even the Islamic State, a terror outfit. In fact the Kerala police also have confirmed that Jahan has no criminal record. 

“My daughter once told me that she wants to do sheep-farming in Syria... even the most liberal of fathers would be shocked to hear this,” he told a Bench of Chief Justice of India J.S. Khehar and D.Y. Chandrachud on Friday. However, the Jahan has accused his Hindu father-in-law of telling lies about latter’s daughter.

Depression

It could be recalled here that in a controversial ruling, the Division Bench of Kerala High Court in May this year, had invalidated the marriage of Hadiya and Jahan based on the unproven allegations of her father.

It is learnt that Hadiya is under depression after she was forced to stay in her parental house. According to sources, she spends time by reading Quran and doesn’t interact with her father properly.

Conversion

Ashokan Mani, an ex-serviceman filed Habeas Corpus petition before the Kerala High Court on January 25, 2016 when he found that his daughter Akhila (now Hadiya) was missing from the campus she studied. Akhila was a student of the Bachelor of Homeopathic Medicine and Surgery course in Salem.

In his petition, Ashokan alleged that his daughter was forcibly converted to Islam and sought the help of the court to find her. Ashokan named two of Akhila's classmates Jaseena Aboobaker and her sister Faseena - residents of Perinthalmanna - as the persons behind her disappearance from the campus under mysterious circumstances.

Ashokan said in his petition that Akhila and eight other friends including Jaseena and Faseena were staying in a rented house near their college in Salem. They used to visit her friends' home in Perinthalmanna during holidays.

Daughter was afraid of Hindu father 

Ashokan mentioned in his petition that he noticed some behavioural changes in her daughter when came home to attend her grandfather's funeral in December 2015. Ashokan said that Akhila was not ready to perform Hindu rituals.

On January 6, 2017 Ashokan received a phone call from the father of one of Akhila's classmate informing him that his daughter was seen wearing veil and that she was converted to Islam.

The news was a shock to Ashokan. Family members passed information to Akhila that her father suffered a mild heart attack because of her. However, she was not ready to visit father as she was afraid that he may not allow her to follow Islam.

Father’s allegation and daughter’s clarification

Ashokan later told police that Akhila had informed him that she was being forcibly held by people including Jaseena and Aboobacker.  Ashokan claimed in his petition that those people were engaged in forcible conversion of vulnerable youths of other faiths.

On the complaint by Ashokan, police began probe. Hadiya was found but she submitted an affidavit before Perinthalmanna police that she was following Islam since 2012 and had willingly left her home. She rubbished the allegation made by her father and family members.

Hadiya told the police officials that she joined a course run by Tharbiathul Islam Sabha, Kottackal in Malappuram to learn Islam and shifted her residence to Satyasarani in Manjery - an Islamic Institution.

According to her affidavit, Hadiya stayed in Aboobacker's home for a brief period. Hadiya later shifted to Satyasarani's hostel for girls and completed her course. Satyasarani introduced her to Sainaba from Ernakulam and started staying with her after her father filed Habeas Corpus petition.

First order of high court

Hadiya told the court that she was not under any illegal confinement against her free will. She also told the court that she was not willing to go to her father's house. She insisted that she wanted to pursue her Islamic studies at Satyasarani.

In June last year, the Kerala High Court allowed Hadiya to stay with Sainaba. 

Later Hadiya informed the court that she had taken admission in Satyasarani and produced records of her admission in the religious institution.

Consequently, Kerala High Court dismissed the Habeas Corpus petition filed by Ashokan Mani.

Father introduces ‘terror’ angle

The June 2016 order of the Kerala High Court should have been the end of the matter. But, ex-soldier Ashokan Mani decided to file habeas corpus petition. Ironically, this time he raised terror angle!

Ashokan alleged that her daughter was converted to Islam at the behest of the ISIS. He feared that Hadiya might be taken out of India to join the ranks of Islamic State in Afghanistan.

Ashokan mentioned about two separate cases of women vanishing from Kerala allegedly to join the ISIS terrorists in Afghanistan after they were converted to Islam and married to Muslim men.

Twists and Turns

The Kerala High Court, at first, was not impressed with the reference to the ISIS. The court asked Ashokan's lawyer CK Mohanan to delete the reference to the ISIS in his petition as it was irrelevant.

But, Mohanan was insistent and argued that Kerala police were investigating a case of missing 21 persons from the state. They are suspected to have been taken to Afghanistan. A heated exchange took place in the open court between the lawyers and the bench.

Justices PN Ravindran and Justice Dama Seshadri Naidu slapped ordered contempt proceedings against lawyer Mohanan in 2016. The court pronounced him guilty in the case and sentenced him to three months imprisonment and also imposed a fine of Rs 1,000.

Ashokan assured the court that he would not engage Mohanan in future. The high court shifted Hadiya from the custody of Sainaba to SNV Sadanam, Ernakulam - a ladies' hostel.

Meanwhile, Hadiya got married to Shafeen Jahan of Kollam in December last year. The matter came up in January this year before the Kerala High Court, which was hearing the second Habeas Corpus writ filed by Ahokan.

Hadiya produced marriage certificate issued by Puthur Juma Masjid in Malappuram and marriage registration certificate by local panchayat authorities. But, the Kerala High Court has declared both the marriage and the certificates as invalid.

Why HC nullified wedding?

The court in its judgment said that the marriage was done by strangers and her parents did not participate in the function.

"Marriage being the most important decision in her (Hadiya’s) life can only be taken with the active involvement of her parents," the Kerala High Court observed.

"The marriage, which is alleged to have taken place, is a sham and is of no consequence in the eye of law. Her husband has no authority to act as the guardian,'' the court further remarked.

The Kerala High Court also directed the State Police Chief to conduct departmental inquiry against Perinthalmanna Deputy Superintendent of Police for not investigating the case properly and take appropriate action.

The court verdict said that investigation should also be carried out about the activities of Sathyasarani, a renowned Islamic educational institution at Manjeri regarding conversion of religion.

The court also had ordered an investigation into whether there was any breach on the part of the officer who had investigated the case earlier. It is to be noted that the investigating officer appointed by the same court had categorically said that the complainant’s claims were baseless.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 21,2020

Washington, Jul 21: Democrat Joe Biden urged Muslim Americans on Monday to join him in the fight to defeat President Donald Trump as he addressed an online summit hosted by the advocacy organisation Emgage Action to mobilise Muslim voters ahead of the presidential election.

I want to earn your vote not just because he's not worthy of being president, the presumptive presidential nominee told participants.

I want to work in partnership with you, make sure your voices are included in the decision-making process as we work to rebuild our nation.

Biden also reiterated a pledge to overturn a Trump administration ban on travelers from several predominantly Muslim countries, calling it vile.

Wa'el Alzayat, CEO of Emgage Action, said by email that the organisation was seeking to maximise Muslim American turnout in key battleground states.

In Michigan alone one of the states where the organisation has chapters and where Trump won in 2016 by fewer than 11,000 votes he said he believed there are more than 150,000 registered Muslim voters.

Several prominent Muslim American elected officials endorsed Biden for president in a letter organised by Emgage Action ahead of the summit.

Among those who signed the letter are Minnesota Rep. Ilhan Omar, Minnesota Attorney General Keith Ellison and Indiana Rep. Andre Carson, all Democrats.

Omar, one of the first Muslim women elected to Congress, served as a high-profile surrogate for Bernie Sanders before he exited the presidential race in April making her support for Biden potentially helpful as the former vice president seeks to mobilise Muslim voters this fall.

Muslim American voices matter to our communities, to our country, Biden said.

But we all know that your voice hasn't always gotten recognised or represented.

Emgage Action has titled the event Million Muslim Votes, underscoring its emphasis on boosting Muslim turnout in November.

Joe Biden's presence serves not only to galvanise Muslim Americans to cast their ballots, but to usher in an era of engaging with Muslim American communities under a Biden administration, Alzayat said by email before the summit.

The pro-Biden letter from Muslim American elected officials decried a number of Trump's domestic and international policies, including his administration's travel ban and his pullout from the Iran nuclear deal.

A Biden administration will move the nation forward on many of the issues we care about, the letter said, citing racial justice, affordable health care, climate change and immigration.

The Muslim American officials also praised Biden's agenda for their communities.

Among other goals, Biden has vowed to rescind the travel ban affecting Muslims on Day One if he's elected.

In his address, he pledged to include Muslim American voices in his administration, if elected, and to speak out against human rights abuses against Muslim minorities around the world.

I'll continue to champion the rights of Palestinians and Israelis to have a state of their own as I have for decades, each of them a state of their own, he said.

Other state- and local-level Muslim American officials signing onto the pro-Biden letter hail from several states, including Michigan.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 9,2020

Bengaluru,  Jul 9: Former Karnataka Chief Minister and Congress leader Siddaramaiah on Wednesday said that he was opposed to a tie-up with Janata Dal-Secular in the last Lok Sabha elections but the party high command did not listen to him.

"I had suggested that we should fight alone (in Lok Sabha elections) because JD-S votes would not have come to us and our votes would not have gone to JD-S," Siddaramaiah told reporters here.

Congress leader said that he was the only one to make the suggestion and he did not get support.

"I was the only one to raise a voice that's why it was not heard by (party) high command and I did not get support. We might have won over seven seats in parliament election if we had fought alone," he said.

After forming government in Karnataka in 2018 with support of JD-S, Congress had fought the 2019 general election in a pre-poll alliance with the party. Congress could only one seat of the 21 it contested and JD-S also won one seat of the seven it contested.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 11,2020

Bengaluru, Jul 11: Karnataka on Saturday reported the biggest single-day spurt of 2,798 cases and a record 70 related fatalities, taking the total number of infections in the state to 36,216, the health department said.

The day also saw a record 880 patients getting discharged after recovery.

Out of 2,798 fresh cases, a whopping 1,533 cases were from Bengaluru urban alone.

The previous biggest single-day spike was recorded on July 10 with 2,313 cases.

As of July 11 evening, cumulatively 36,216 COVID-19 cases have been confirmed in the state, which includes 613 deaths and 14,716 discharges, the health department said in its bulletin.

It said out of 20,883 active cases, 20,379 patients are in isolation at designated hospitals and are stable, while 504 are in ICU.

Out of 70 deaths reported, 23 are from Bengaluru urban, 8 from Mysuru, five from Dakshina Kannada, among others.

Most of the dead are either with a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI).

Out of 2,798 cases tested positive today, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru urban accounts for 1533 cases, followed by Dakshina Kannada 186, Udupi 90, Mysuru 83, Tumakuru 78, Dharwad 77 and Yadgir 74.

Bengaluru urban district tops the list of positive cases, with a total of 16,862 infections, followed by DakshinaKannada 2,026 and Kalaburagi 2,024.

A total of 7.99 lakh samples were tested so far, out of which 20,587 were tested on Saturday alone.

So far 7.46 lakh samples have been reported as negative, and out of them 17,488 were reported negative today.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.