SC can't question Muslim personal law: Jamiat-Ulama-e-Hind

February 6, 2016

New Delhi, Feb 6: Jamiat-Ulama-i-Hind, the powerful body of Muslim clerics, has said that Muslim personal law flows from the Holy Quran and cannot be subjected to any scrutiny by the Supreme Court based on principles of the Constitution.

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"Mohammedan law is founded essentially on the Holy Quran and this cannot fall within the purview of the expression 'laws in force' as mentioned in Article 13 of the Constitution, and hence its validity cannot be tested on a challenge based on Part-III of the Constitution (guaranteeing fundamental rights, including right to equality)," the JUH application filed through advocate Ejaz Maqbool said.

The assertion by the body marks a fierce challenge to the intent to extend the principle to gender equality to Muslim women and can open a fresh phase in the debate on whether personal laws based on religion can trump the Constitution. The debate will require the BJP-led government to spell out its stand on the fraught issue.

Last year, while entertaining a petition, a two-judge bench of Justices A R Dave and Adarsh Goel had directed registration of a separate PIL to consider the rights of Muslim women as there was no safeguard against arbitrary divorce (triple talaq) and second marriage by Muslim men during subsistence of their first marriage. The court had issued notice to the attorney general and National Legal Services Authority (Nalsa).

On Friday, a bench of Chief Justice T S Thakur and Justices A K Sikri and R Banumathi took up the petition titled 'Muslim Women's Quest for Equality' and agreed to make JUH a party to the proceedings and sought responses from the JUH, the AG and Nalsa on the questions posed by the SC in six weeks. All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case.

The JUH also referred to Article 44, which figures as a provision in the Constitution, providing that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

But the JUH said, "Article 44 envisaging UCC is only a directive principle and is not enforceable. This article by implication recognizes the existence of different codes applicable to different religions in matters of personal law and permits their continuance until the state succeeds in its endeavour to secure for all citizens a UCC."

It said the Muslim Women (Protection of Rights on Divorce) Act, 1986, a legislation brought by the Rajiv Gandhi government to step around the SC directed equality in maintenance for Muslim women in Shah Bano case, provided for the rights of Muslim women in matters of divorce and maintenance.

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IBRAHIM.HUSSAIN
 - 
Sunday, 7 Feb 2016

Is supreme court is law making body?

It cannot poke his nose in making law for any religious or minority groups of India.

Better to stay away from admitting the petition or allow JUH as party in the petition.

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May 5,2024

Karwar, May 5: What commenced as a mere exchange of words between spouses swiftly transmuted into a calamitous ordeal, resulting in the heartbreaking loss of their innocent offspring. The heart-wrenching incident unfolded in the serene confines of Halamaddy village in the picturesque expanse of Dandeli, nestled within the idyllic expanse of Uttara Kannada district.

In the throes of a fervent dispute with her spouse, the aggrieved wife, succumbing to an overwhelming surge of emotions, callously propelled their tender six-year-old progeny into the somber depths of a nearby canal, thereafter alerting the local populace to her grievous act.

Promptly apprised of the distressing occurrence by concerned bystanders, the authorities were swiftly summoned to the scene to confront the harrowing aftermath.

Responding to the distress call, the diligent officers of Dandeli rural police swiftly converged upon the site where the innocent child had been cast into the unforgiving waters of the canal, subsequently effecting the retrieval of the child's lifeless form. 

Regrettably, it was discerned that a portion of the child's remains had been tragically claimed by the lurking jaws of a predatory crocodile.

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May 10,2024

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A day after National Commission for Women said no woman from Hassan approached the national body to file complaints against Karnataka MP Prajwal Revanna, a new FIR accusing BJP leader Devaraje Gowda of abusing and assaulting a woman has come to light.

The FIR against Gowda was filed by a woman at the Holenarasipura town police station on April 1, after her husband had filed a complaint against the BJP leader on March 30. 

The purported victim's husband has alleged in his plaint that Gowda barged into their home, and threatened the couple while the BJP leader also abused the woman.

Gowda, notably, flagged Prajwal Revanna's case to the saffron party.

Reacting to the allegations levelled against him, the BJP politico posted a video on Facebook where he details how he met the woman and her husband in his office. He also claims that the allegations against him are a plot and false.

It must be noted here that a Special Investigation Team is currently probing the sexual assault cases against Prajwal Revanna who along with his driver Karthik is no longer in the country. A Blue Corner notice is also in place to apprehend the son of H D Revanna who himself is placed under judicial custody till May 14.

In a major twist to the entire case— the woman in the FIR alleged that Devaraje Gowda who apprised BJP of the sex videos involving Prajwal Revanna— has been harassing her for the past 10 months under the guise of helping her sell a property.

The woman also said that she came in contact with Gowda during the process involving the property that she wanted to sell. However, on the pretext of guiding her, the woman alleged that the whistleblower BJP leader physically assaulted and harassed her while Gowda also threatened the couple.

The woman has now sought police protection for herself and family. Further levelling allegations against Gowda in her plaint, she said that the politico had taken her to an isolated place where he assaulted her and threatened to kill the couple.

Former chief minister of Karnataka and Prajwal Revanna's uncle H D Kumaraswamy recently demanded a CBI probe in the Prajwal Revanna matter. However, Home Minister G Parameshwara turned down the demand for the investigation to be handed over to CBI.

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May 5,2024

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Bengaluru, May 5: In a major development, the Special Investigation Team (SIT) probing the sex video scandal involving JD-S MP Prajwal Revann on Saturday arrested his father and JD-S MLA H.D. Revanna following the rejection of his anticipatory bail plea in a victim kidnapping case by the People’s Representative Court in Bengaluru.

H.D. Revanna was taken into custody from the residence of his father and former Prime Minister H.D. Deve Gowda in Bengaluru’s Padmanabhanagar locality.

First, he was taken to the SIT office on the premises of the Criminal Investigation Department (CID). After preliminary questioning, the former JD-S minister was taken to the Bowring Hospital for a medical check-up.

Sources said he will be produced before the magistrate at the latter's residence later.

Commenting on the development, Chief Minister Siddaramaiah told mediapersons that he won’t interfere in the matter.

“Action should be initiated as per the law,” he said.

Deputy Chief Minister D.K. Shivakumar said, “We will not interfere in anything related to this matter. Let them get protection from the court under the law."

Shivakumar also said that let the proceedings follow the manner suggested by former CM H.D. Kumaraswamy.

Quoting a Kannada proverb, Kumaraswamy had said that those who commit crime must be punished.

The SIT officers reached the former PM’s residence soon after the court turned down his anticipatory bail plea in a case related to the kidnapping of a woman who was allegedly sexually assaulted by his son Prajwal Revanna, the sources said.

Earlier on Saturday, the SIT traced the kidnapped woman to the farmhouse of Rajashekar, the personal assistant (PA) to H.D. Revanna, at Kalenahalli village in Mysuru district.

In the court, Special Public Prosecutor B.N. Jagadish submitted that the case is about saving the life of a poor woman.

Jagadish argued that H.D. Revanna did not turn up before the authorities even after being served three notices.

Senior counsel Muthy D. Naik, appearing for H.D. Revanna, argued that the only allegation against his client is a statement that he had called the victim to his residence.

Barring this, there is nothing to prove the role of H.D. Revanna in this case, he argued, adding that the statement was made by an accused in the case, with whom his client has no connections.

He also claimed that the SIT has deliberately added IPC Section 364A, which attracts life imprisonment and capital punishment, to ensure that his client’s bail plea is rejected.

The other IPC Sections invoked in the case — 363 and 365 — attract imprisonment of less than seven years. Therefore, to prove the innocence of H.D. Revanna, he should be granted bail, Naik submitted.

Meanwhile, the woman, who had gone missing on April 29, was found locked up in the farmhouse when the SIT officers reached there following a tip-off.

Sources said Rajashekar is absconding ever since the SIT traced the missing woman to his farmhouse.

The woman is being brought to Bengaluru where her statement will be recorded.

On Friday, Karnataka Police registered an FIR against H.D. Revanna in connection with the kidnapping of the woman, believed to be one of the victims of the sex video scandal involving his son Prajwal Revanna.

The woman’s son had registered a kidnap case naming H.D. Revanna as the prime accused in the case.

His relative Satish Babu was named as the second accused in the FIR, whom the police arrested from Mysuru district on Friday.

The woman’s son alleged that his mother went missing after the surfacing of a purported sex video in which Prajwal Revanna could be seen sexually assaulting her.

He also alleged that his mother was locked up in an undisclosed location, as he pleaded with the police to initiate legal action against H.D. Revanna and Satish Babu.

Prajwal Revanna, the sitting JD-S MP from Hassan, has reportedly fled from the country.

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