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.

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News Network
June 4,2020

Jun 4: Mahatma Gandhi’s statue outside the Indian Embassy in Washington DC was vandalised with graffiti and spray painting by unknown persons allegedly involved in the ongoing protests in the US against the custodial killing of African-American George Floyd.

This has prompted the mission officials to register a complaint with the local law enforcement agencies.

The incident is reported to have taken place on the intervening night of June 2 and 3 in Washington DC.

The Indian embassy has informed the State Department and registered a complaint with local law enforcement agencies, which are now conducting an investigation into the incident.

On Wednesday, a team of officials from Metropolitan Police in consultation with the Diplomatic Security Service and National Park Police visited the site and are conducting inquiries.

Efforts are on to clean up the site at the earliest.

Vandalism of the statue of the apostle of peace comes during the week of nationwide protests against the custodial killing of African-American George Floyd in Minneapolis on May 25.

Several of these protests have turned violent which many times has resulted in damage of some of the most prestigious and sacred American monuments.

In Washington DC, protestors this week burnt a historic church and damaged some of the prime properties and historic places like the national monument and Lincoln Memorial.

One of the few statues of a foreign leader on a federal land in Washington DC, the statue of Mahatma Gandhi was dedicated by the then Prime Minister Atal Bihari Vajpayee, in the presence of the then US president Bill Clinton on September 16, 2000, during his state visit to the US.

In October 1998, the US Congress had authorised the government of India to establish and maintain a memorial “to honour Mahatma Gandhi on Federal land in the District of Columbia."

According to the Indian Embassy website, the sculpture of Mahatma Gandhi is cast in bronze as a statue to a height of 8 feet 8 inches. It shows Gandhi in stride, as a leader and man of action evoking memories of his 1930 protest march against salt-tax, and the many padyatras (long marches) he undertook throughout the length and breadth of the Indian sub-continent.

The statue, the design of which was created by Gautam Pal, is a gift from the Indian Council for Cultural Relations (ICCR). The pedestal for the statue of Mahatma Gandhi is a block of new Imperial Red also known as Ruby Red a block originally weighing 25 tonnes reduced to a size of 9'x7'x3'4". It now weighs 16 tonnes.

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News Network
February 4,2020

Bengaluru, Feb 4: The possibility of defeated MLA CP Yogeshwar being inducted into chief minister BS Yediyurappa’s cabinet is causing ripples within the ruling BJP, with many legislators, especially from Kalyana-Karnataka region, raising a banner of revolt.

Several MLAs led by Surapur legislator Narasimha Nayak, also known as Raju Gouda, held a meeting at the Legislators Home on Monday and voiced their opposition.

"When there are more than two dozen MLAs aspiring for a cabinet berth, making a former MLA a minister is beyond logic," Gouda said. "We will convey our feelings to Yediyurappa and state BJP president Nalin Kumar Kateel." Murugesh Nirani, Paranna Munavalli, Rajkumar Patil, Dattatreya Patil Revoor, Basavaraj Mattimud are among others who attended the meeting. MP Renukacharya, political secretary to the CM and Honnali MLA, was also present at the meeting. "Some more MLAs will join us when we meet again tomorrow," Gouda said.

The MLAs highlighted the issue of caste and regional imbalance in the council of ministers to further their cause. With four from Bengaluru and three from Belagavi district set to take oath on February 6, the share of MLAs from these districts in the cabinet will rise to seven and five respectively. Currently, 16 districts have no representation.

Sources say Yediyurappa and BJP’s national leadership decided to reward Yogeshwar with a cabinet berth for his "active" role in getting 17 Congress-JD(S) MLAs to resign and join the BJP, enabling the party to grab power. The party also believes he has the potential to become the Vokkaliga face of the BJP in the Old Mysuru region, where the party’s organisation is weak.

If Yogeshwar is inducted, he will be the second former MLA to make it to Yediyurappa cabinet after deputy CM Laxman Savadi, who lost the 2018 assembly polls. Several party MLAs were unhappy with Savadi’s elevation and are now upping the ante against the party leadership.

"Let Yogeshwar be made Rajya Sabha or council member. We have no problem. But making him minister is not acceptable. If they want to make defeated MLAs ministers, then why not AH Vishwanath and MTB Nagaraj, whose sacrifices brought BJP to power?" said Gouda.

Reports say Yediyurappa has promised Vishwanath and Nagaraj, the disqualified MLAs who lost the bypolls, that they would be made ministers in June. Both met Yediyurappa and secured this assurance. The two were demanding that they be inducted into the cabinet on Thursday.

Meanwhile, Vijayapura MLA Basavanagouda Patil Yatnal urged the CM to evaluate the performance of existing ministers and drop those found non-performing. "Many ministers don’t even come to the Vidhana Soudha. What is the use of having such ministers?" he asked.

Yediyurappa also continued to face pressure to induct Athani MLA Mahesh Kumatalli into the cabinet. The Jarkiholi brothers, Ramesh and Balachandra met Yediyurappa separately on Monday with a request to make Kumatalli, their confidant, a minister.

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coastaldigest.com news network
July 21,2020

Mangaluru, July 21: Putting an end to all speculations, district in charge minister Kota Srinvas Poojary on Tuesday said that the lockdown in Dakshina Kannada will not be extended beyond Wednesday.

In a video message, the minister said that all the shops in the district will remain open from July 23 morning. He said district administration will make a formal announcement soon.  

Meanwhile chief minister B S Yediyurappa said: “There’ll be no lockdown from Wednesday, people need to get back to work, economy is also very important. We have to fight COVID-19 while maintaining stable economy. Lockdown is not the solution, now restrictions will be placed only in containment zones.”

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