You can’t question the legitimacy of Hadiya’s marriage: SC tells NIA

News Network
January 23, 2018

In what can be termed as an interim relief for Hadiya, a Hindu convert Muslim college student from Kerala, a three-judge bench of the Supreme Court upheld her right to select her husband and observed that the National Investigation Agency (NIA) cannot probe her marital status.

The court said that the NIA probe will not have any bearing on the legitimacy of Hadiya's marriage to Shafin Jahan which was annulled by Kerala High Court. The apex court will continue to hear the matter on 22 February.

"You can probe anything but not on marital status, marriage has to be separated from any criminal action, aspect and conspiracy, otherwise we will be creating a bad precedent," the bench headed by Chief Justice of India Dipak Misra said.

"We will only examine whether the court can cancel the marriage. We can't question the legitimacy of her marriage, it is Hadiya who will decide who is a good human being or bad," the judges said.

In November, the Supreme Court freed Hadiya from her parents, who had insisted that she had been brainwashed and forced to convert, and allowed her to resume her studies at a college in Tamil Nadu, where she was studying before she married Shafin Jahan.

After conversion to Islam, Hadiya had met Shafin through a matrimonial website and later they got married. Hadiya's parents refused to accept her marriage to Shafin Jahan, claiming that he wants to take her to Syria. Hadiya, who doesn’t even holds a passport has rubbished her parents charge as a blatant lie.

In May 2017, on the Hindu parents’ petition, the Kerala High Court annulled Hadiya's marriage and ordered her to go back to her parents. She was kept under house arrest for several months where she was allegedly tortured by her parents and Hindutva extremists groups.

Shafin Jahan had challenged the order in the Supreme Court, arguing that as an adult, she has the right to decide. In an interim order on a petition by Jahan challenging the high court verdict, the Supreme Court had on 27 November 2017 set Hadiya free from the custody of her parents. The apex court, however, did not accept her plea to be allowed to go with her husband.

Comments

Indian
 - 
Wednesday, 24 Jan 2018

NIA has been getting nice slaps from various authorities for false investigations. earlier it was against the peace promoter Zakir naik & now Hadiya's case. I think NIA has an influence by RSS to distroy the nation and our future generation. People of india should unite together & stand against any injustice to anyone irrespective of caste, religion or colour. 

Abu Muhammad
 - 
Tuesday, 23 Jan 2018

Sangeeth - you Feku's liar agent, RSS & BJP has direct links with ISIS ( Israeli Secret Intelligence Service) and NOT these poor couple (Haadia) has no Passport so far.

Truth
 - 
Tuesday, 23 Jan 2018

They spent many months for unwanted issue because of saffrons. Hadiya's father playing for saffrons. Let Hadiya and Shafin live peacefully

Danish
 - 
Tuesday, 23 Jan 2018

Why NIA and Hindutva org teasing Hadiya and her hus this much. Even we cant bear by listening their matter. Too bad

Sangeeth
 - 
Tuesday, 23 Jan 2018

Supreme court taking double standard. Their marriage may cause serious security issue. They have IS links

Suresh Kalladka
 - 
Tuesday, 23 Jan 2018

All because of Feku. Judiciary, economy everything feku destroyed. People loosing faith in justice and judiciary

Mohan
 - 
Tuesday, 23 Jan 2018

She is major. Why nobody listening her words. She can decide. She has the right.

Kumar
 - 
Tuesday, 23 Jan 2018

Good. tight slap on NIA.

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News Network
February 16,2020

Bengaluru, Feb 16: Three students from Kashmir studying at a private engineering college in Hubballi district of Karnataka were arrested on sedition charges for allegedly raising pro-Pakistan slogans and posting a video of it on a messaging platform, police said on Saturday.

Police said, according to preliminary information, the students are from Shopian in Kashmir and action has been taken on the basis of a complaint from the college management.

"We received information that three students hailing from Kashmir studying at the KLE Institute of Technology had raised slogans supporting Pakistan. They had made a video about it which has gone viral. Immediately our team headed by Inspector Gokul Road station went to the spot and arrested them," Hubli-Dharwad Police Commissioner R Dileep said.

Right wing activists, including those from Bajarang Dal who had gathered near the college, demanded stringent action against the three.

As the students were being taken to the police station with their faces covered, an activist tried to attack them, but police escorted them safely.

The FIR has been lodged under IPC sections relating to sedition and affecting communal harmony, the official said.

"We are investigating, and whatever comes out as per evidence, law and facts, we will take further action. We will look into their background, whether anyone has tried to mislead them," Mr Dileep said, adding that the arrest should not be seen as action against any particular community or region.

According to officials, the selfie video of the three has gone viral as they posted it on WhatsApp. In the video one of them can be purportedly seen initially uttering something with background music on, after which they chant ''Azadi'' one after the other. Then joining chorus to the music that is playing, they purportedly say "Pakistan Zindabad."

The music they played is said to be Pakistani military's media wing, the Inter-Services Public Relations (ISPR) song, which police said needs to be ascertained.

The video seems to have been recorded at the college hostel, where the students were put up. College principal Basavaraj Anami said the college has given complaint to the police and the students will be suspended.

The students were admitted under central quota and two are doing their first year civil engineering, while the other is a third year student in the same stream, he said.

According to him, the three had made the video and posted it on WhatsApp.

"It came to our notice in the morning, following which I called the students immediately to my office, and informed the police," the principal told reporters.

"In the video, they have purportedly shouted pro-Pakistan slogans allegedly in the backdrop of the Pulwama attack anniversary yesterday," he added.

Union minister Pralhad Joshi, who hails from the district, described the act unfortunate and demanded strict action against those involved.

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News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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News Network
March 16,2020

Belagavi, Mar 16: Despite issuing an order banning large gathering, including lavish weddings, Karnataka Chief Minister B.S. Yediyurappa attended the grand marriage celebrations of the daughter of BJP MLC Mahantesh Kavatagimath in Belagavi on Sunday.

The Chief Minister had advised people to postpone weddings till the COVID-19 scare passed off, or to restrict the number of guests to around 100. But the wedding on the lawns of Shagun gardens in the Udyambag industrial area in Belagavi had many more times the number of visitors.

A police officer on duty at the venue estimated the crowd to be over 3,000.

The large gathering was in clear defiance of the government order and the Chief Minister’s appeal. But Mr. Yediyurappa’s presence seems to have vindicated this act.

Hundreds of cars were parked on both sides of the Khanapur road, outside the venue which was decorated with flowers, buntings, rolls of paper and colourful cloth. Two huge banners about preventing the spread of COVID-19 have been put up at the venue. There are wash basins at two ends and several hand sanitiser counters across the ground.

Apart from Union Minister of State for Railways Suresh Angadi, and ministers Srimanth Patil and MLA Mahesh Kumthalli, there were several leaders from the BJP, the Congress and the JD(S) who attended the marriage. There were some officers from the city corporation and district administration among the guests.

The Chief Minister arrived around 11 a.m. and stayed for nearly an hour at the venue. He left after wishing the couple and greeting some leaders.

On his arrival, at the Sambra airport, Mr. Yediyurappa said the State was well-equipped to handle the spread of the infection. “Over one lakh have been tested. Among the 100 suspected cases, the virus was detected only in six persons. One person has died. But otherwise the situation is under control. Officers are working round the clock,’’ he said.

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