Supreme Court orders NIA probe into Hindu girl’s conversion to Islam

coastaldigest.com web desk
August 16, 2017

New Delhi, Aug 16: The Supreme Court on Wednesday ordered a National Investigation Agency (NIA) probe into the plea of a Muslim man whose marriage with a Hindu convert Muslim woman (Akhila alias Hadiya) was annulled by the Kerala High Court as per the request of her Hindu parents.

A bench of Chief Justice of India Jagdish Singh Khehar and justice DY Chandrachud ordered NIA to launch a probe into the conversion and marriage of the girl, who was known as Akhila but converted to Islam and changed her name to Hadiya, to a Muslim man, Shafin Jahan. The marriage had taken place in 2016.

Justice RV Ravindran, a retired judge of the apex court, will supervise the investigation.

The Kerala HC on May 25 had declared as "null and void," the marriage of 24-year-old Hadiya who had renounced Hinduism and embraced Islam on her own will. However, the court had described the case as an instance of 'love jihad' and ordered the state police to conduct probe into such cases.

In its earlier hearing, the apex court had termed the case as "serious" and "sensitive". The bench had asked the NIA and father of the woman to give all the materials in their possession to the court.

"These are very sensitive issues.. It's a serious matter... You give us all the materials you have," the apex court had told them.

"Issue notice. Madhvi Divan, advocate... on behalf of respondent number one (father) seeks a week's time, so as to enable her to place material on the record of this case. Prayer is allowed. Needful be done within one week from today," the bench said.

The woman's husband, Shafin Jahan, has filed a plea challenging the HC order saying it was an "an insult to the independence of woman in India".

Advocate Madhvi Divan, appearing for Hadiya's father, said she was a "helpless victim" trapped by a "well-oiled racket" which used "psychological measures" to indoctrinate people and convert them to Islam.

The lawyer went on to claim that Jahan was a criminal and Akhila was trapped by a network with connections to Popular Front of India and even the Islamic State. However, the lawyer did not provide any proof for his claim.

Background

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

Ahmed
 - 
Thursday, 17 Aug 2017

Her Father and many like him have fallen to the mind wash of the media... We request the father to read the QURAN once in your life time or atleast now to avoid the confusion on his daughter who started to worship ONE GOD ALLAH which is also mentioned in your vedas and BG. God made us to worship him alone ... YOUR DAUGHTER recognised that but U need to recognize too...Please read the book of the CREATOR, The QURAN, ALLAH loves when the creation try to know about him and PONDER on how all this exists and also knowing the perfectness in the creation of human being...  as well as those which are visible and not visible to us.

Allah is able to do all thing... The media 24/day tries to demonize ISLAM and Muslims... but ALLAH has a different plan . The more they demonize , the more people are accepting ISLAM, not just in india but all over the world. I think its time to NON MUSLIMs to know about one GOD ALLAH rather than depending on the LIES and deception of the media. QURAN is the manual for human being on how to live a life that ALLAH has given us. Dont be idle .. Learn about GOD before death approaches us. Look the knowledge of MEDIA & compare it with the divine knowledge that is mentioned in the QURAN.ALLAHU AKBAR - God is Greatest.

 

Manjeshwaranna
 - 
Wednesday, 16 Aug 2017

If some one want to know the circumstances under which the court came to this order you can go through the actual judgement 

http://judis.nic.in/Judis_Kerala/list_new2_Pdf.asp?FileName=520925

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Agencies
March 6,2020

The rapid spread of COVID-19 across the globe has thrown movement of lakhs of travelers off gear. This has not only impacted pleasure trips of tourists but also business travel resulting in monetary losses worth millions.

In wake of numerous advisories against travel, the travel industry, particularly the aviation sector, has also get badly impacted. Not only traffic on their once popular routes have plummeted but several have to cancel flights to destinations in China and few other South and East Asian countries to prevent becoming carrier of the contagious virus.

According to MakeMyTrip flight bookings for Southeast Asian countries have been significantly impacted but sectors in But US and Europe are only seeing a marginal dip.

More than 95,000 people in 86 countries have been infected with the virus and more than 3,200 people have died. In India so far 31 persons have tested positive for the virus.

So the situation across the globe remains grim with only positives coming from China where fresh infections of COVID-19 has reduced. But does that make travel safer? And what if you still need to travel...are there enough flights available or whether the ticket you procured protects against any unforeseen cancellations?

Here is the situation as it exists :

International flights by domestic carriers:

*Air India and Indigo that run long haul flights have cancelled their flights to Hong Kong and Shanghai and the restrictions may well run into June

*SpicejJet has cancelled Delhi Hong Kong flights till March 28

*Vistara Airlines has cancelled around 54 flights to and from Bangkok and Singapore.

*GoAir suspends flight operations to Dammam, Saudi Arabia after an advisory issued by the Saudi government to not allow non-Saudi residents to enter. It has also suspended flights to Thailand

International flights by global airlines:

*Almost all major airlines operating out of India have suspended flights to China, Korea, Iran, Italy and some to Japan.

*European and American connections provide by airlines such as Lufthansa, KLM, United Airlines from India continues

*JAL is still operating its service to Japan from India

*United, Air Canada, JetBlue, Alaska, American Airlines, Delta, Brutus Airways have suspended flights to China and reduced operations in countries with high Coronavirus infections such as Italy

Domestic airlines:

There have been no restrictions on domestic travel, so far.

What advisories have been issued by authorities that can affect your travel plan :

*From March 9 midnight all air travellers having visited or arriving from Italy and South Korea will require to submit a certificate of having tested nagative from health authorities -designated lab in their countries for Coronavirus at the departure.

*India has also suspended most visas issued to nationals of Japan, South Korea, Italy, Iran and China, as well as suspending visas of any travellers who had been to those five countries since February.

*It has now been decided that all incoming international passengers must declare their travel history to health and immigrations officials at India's airports.

*Arrivals from DGCA list of 12 countries undergo thermal screening, passengers with high temperature taken to quantantine

*Screening to be carried out at 21 airports across the country

*Regular (sticker) visa/e-visa granted to nationals of People's Republic of China, issued on or before February 5, 2020 were suspended earlier. It shall remain in force.

*Those needing to travel to India under compelling circumstances may apply for fresh visa to the nearest Indian Embassy/Consulate," the advisory said.

*An advisory had also directed passengers arriving directly or indirectly from China, South Korea, Japan, Iran, Italy, Hong Kong, Macau, Vietnam, Malaysia, Indonesia, Nepal, Thailand, Singapore and Taiwan to undergo medical screening at the port of entry

Travel Insurance :

*All Indian carriers are offering full refund or bookings to alternate destinations for flights that were booked earlier but are getting cancelled due Coronavirus scare.

*GoAir stated that people have the option of availing a full refund or utilising the booking amount for any future travel with the airline.

*In a travel advisory, Emirates has stated that those wishing to travel to Saudi Arabia will have to contact the Emirates office or their travel agent for refunds.

*Others travellers having expensive insurance cover may get full refunds by the insurance companies if they have included everything under coverage.

*But a larger number of insurers do not provide travel insurance against any pandemics outright. Moreover, any travel plan made now may not get covered for can cancellations due to Coronavirus.

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News Network
March 11,2020

Bhopal, Mar 11: After meeting with 19 party MLAs who have tendered their resignations, Congress leader Sajjan Singh Verma on Wednesday said they are neither willing to support Jyotiraditya Scindia nor in favour of joining BJP as they were "misled and taken to Bengaluru" in Karnataka.

"Nobody is ready to go with Scindia ji. They said they were misled and taken to Bengaluru, most of them said they are not ready to join BJP," Verma told media persons on being asked about the 19 MLAs.

"I just came from Bengaluru and now I am going to Jaipur. Besides 5-6 ministers and one MLA, we all are going to Jaipur. They (MLAs) have said they have the blood of Congress and they will remain in the party. 
Since Scindia was a senior party leader, all our MLAs followed his order as a courtesy," he said.

The Congress leader further claimed that BJP is using both "muscle and money power" to influence Congress MLAs.

He also claimed that he is strongly in contact with 7-8 BJP MLAs.

On Tuesday, Congress sent two of its leaders -- Verma and Govind Singh -- to Bengaluru in order to pacify some of the rebel MLAs who are lodged in a hotel there and who claimed to have resigned from the state Legislative Assembly.

Most of the rebel MLAs are perceived close to Scindia and are apparently unhappy at Scindia being "ignored" in the party. The grand old party has been witnessing an internal turf war in Madhya Pradesh since the party formed the government in the state in 2018.

Scindia is likely to join BJP later today.

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News Network
March 13,2020

Bengaluru, Mar 13: India has registered the first confirmed case of death due to novel coronavirus. A 76-year-old man from Karnataka's Kalaburgi who passed away recently has been tested positive for Covid-19.

The doctors had suspected that the man had coronavirus, however, the test had not confirmed it.

In an official notification, a senior health official in Karnataka government Dr Suresh Shastri said that the lab test has confirmed that the deceased man had Covid-19.

"The 76-year-old man from Kalburgi who passed away and was a suspected COVID 19 patient has been confirmed for COVID 19. The necessary contact tracing, isolation and other measures as per protocol are being carried out. Telangana government has also been informed since he went to a private hospital there," Dr Suresh Shastri said.

The same information was also shared by Karnataka health minister B Sriramulu.

A senior Union health ministry official said in New Delhi that the death of the man had visited Saudi Arabia from January 29 to February 29. The official said the man had reached in Hyderabad on February 29 and went to Kalaburagi in Karnataka.

State Joint Director (Communicable Diseases) BG Prakash Kumar said all protocols were followed for disposal of the body.

"The body is disinfected completely and disposed of as per the Government of India guidelines," he added when asked to elaborate on the protocols.

He said the Telangana government has also been informed as the man had gone to a private hospital in Hyderabad earlier.

While announcing the death of the man on Tuesday, the state authorities had said the exact cause his death was being ascertained.

According to the Union health ministry official, "While he was asymptomatic on his return (from Saudi Arabia), he developed symptoms of fever and cough on 6th March. One private doctor visited him at his home and treated him there."

"On 9th March, the symptoms got aggravated and he was shifted to a private hospital in Kalaburagi. In this private hospital, he was provisionally diagnosed as 'mid-zone viral pneumonia' and 'suspected Covid-19'," the official said.

"The sample was collected on March 9... Without waiting for the test results, the attendees insisted and the patient was discharged against medical advice and the attendees took him to a private hospital in Hyderabad," the official said.

The patient was admitted to a private hospital in Hyderabad and treated. He died on Tuesday when he was being brought back to the Gulbarga Institute of Medical Sciences (GIMS) in Kalaburagi.

Apart from the deceased, Karnataka has confirmed five other positive cases of the novel coronavirus. The fifth case, confirmed on Thursday is of a 26-year-old man who recently returned from Greece.

The patient has been admitted and isolated at a hospital and his condition is stable, a department media bulletin said.

The day also saw the education department declaring summer holidays for students from kindergarten to class six and study leave for higher classes in the city as a precautionary measure.

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