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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News Network
March 26,2020

Hubballi, Mar 25: The people living in rural areas of North-Karnataka region have become more aware about deadly Corona virus as they are leaving no stone unturned to prevent people of Bengaluru and other metropolitan cities from entering into their villages. People have put thorny plants on all roads at the outskirts connecting their villages and deployed youths to conduct patrolling round the clock till next 21 days.

Their motto is to prevent their own villagers getting infected from the outsiders especially from cities like Bengaluru and other two-tier cities where positive virus cases are on the rise. They have also take precautionary measures in the wake of Chief Minister B S Yediyurappa's call to the people to return to their native places.

Several people have also dug up the roads leading to their villages to block the entry of outside vehicles. They have put a condition to the outsiders to enter into their villages only after proper health check-up to confirm that they are not infected with Corona positive.

"We don't have access to the proper medical care if Corona virus is entered into our village. The Primary Health Centres are not functioning properly and these centers are facing lack of adequate staff and medical equipments unlike in big cities.Therefore, those who have deserted our village to employ in various jobs in Bengaluru and other cities should confirm that they are tested negative for the virus", said Mallikarjun Patil of Kudal village in Hangal taluk of Haveri district. The village has totally banned the outsiders into their village and warned their fellow villagers to return immediately if they have visited to their relatives' homes in neighboring villages to observe 21-day lockdown.

Hundreds of youths in Itanal village of Chikkodi taluk of Belagavi have also resorted to similar tactics and patrolling in all roads at the outskirts by holding sticks to prevent outsiders from entering into their village until April 14.

People of Hunagunti village in Ron taluk and Kotamuchagi village in Gadag taluk have also adopted similar plan by parking tractors at th outskirts to prohibit the entry of outsiders. They have also created awareness in their villages by beating drums urging the people not to venture outside village for next three weeks.

The police officials have resorted to lati-charge at various places in urban areas when people gathered in large numbers to buy essential commodities.

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News Network
January 23,2020

Beijing, Jan 23: China is putting on lockdown a city of 11 million people considered the epicenter of the new coronavirus outbreak that has killed 17 and infected nearly 600 people, as health authorities around the world work to prevent a global pandemic.

The previously unknown coronavirus strain is believed to have emerged late last year from illegally traded wildlife at an animal market in the central Chinese city of Wuhan. Cases have been detected as far away as the United States, stoking fears the virus is already spreading worldwide.

Wuhan's local government said it would shut down all urban transport networks and suspend outgoing flights from the city as of 10 a.m. (0200 GMT) Thursday, state media reported, adding that the government is urging citizens to not leave the city in the absence of special circumstances.

Contrasting with its secrecy over the 2002-03 Severe Acute Respiratory Syndrome (SARS), which killed nearly 800 people, China's communist government has this time given regular updates to try to avoid panic as millions of people travel for the Chinese Lunar New Year holiday.

Chinese authorities have confirmed 571 cases and 17 deaths as of end-Wednesday, state television reported on Thursday. There are eight other known cases around the world - Thailand has confirmed four cases, while the United States, Taiwan, South Korea and Japan have each reported one.

Vice Premier Sun Chunlan said during a visit to Wuhan that authorities needed to be open about the spread of the virus and their efforts to contain it, the official Xinhua news agency reported on Thursday, comments likely to reassure global health experts.

After a meeting at its Geneva headquarters on Wednesday, the World Health Organization (WHO) said it would decide on Thursday whether to declare the outbreak a global health emergency, which would step up the international response.

If it does so, it will be the sixth international public health emergency to be declared in the last decade.

WHO Director-General Tedros Adhanom Ghebreyesus told reporters in Geneva that China's actions so far were "very strong" but called in Beijing to take "more and significant measures to limit or minimise the international spread".

"We stressed to them that by having a strong action not only they will control the outbreak in their country but they will also minimise the chances of this outbreak spreading internationally. So they recognise that," he said.

A senior U.S. State Department official also called on China to "play a bigger role in global health so they taking more and significant measures to limit or minimise the international spread".

"The lack of transparency in the past, especially with SARS ... gives us concern that that may be the case here," the official said, adding however that there were "positive signs that they have taken action in Wuhan".

Fears of a pandemic initially spooked markets but they regained their footing on Wednesday, with investors citing the robust response from authorities as reassuring.

VIRUS SPREADING

The outbreak began in Wuhan, a major transportation hub as well as central China's main industrial and commercial centre, and has now spread to other major population centers including Beijing, Shanghai and Hong Kong.

There is no known cure for the virus. Symptoms include fever, difficulty in breathing and cough, similar to many other respiratory illnesses, and can cause pneumonia.

Chinese authorities are still investigating the origins of the virus, though they confirmed the outbreak began at a market in Wuhan with illegal wildlife transactions and that it can spread from one person to another via respiratory transmission. Among confirmed patients are 15 medical workers, further adding to worries about a possible global pandemic.

Many Chinese were canceling trips, buying face masks, avoiding public places such as cinemas and shopping centers, and even turning to an online plague simulation game as a way to cope.

Airports globally stepped up screening passengers from China and the European Centre for Disease Control and Prevention (ECDC) said in a risk assessment that further global spread of the virus was likely.

Britain joined other countries including Australia in advising citizens against all but essential travel to Wuhan.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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