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
April 3,2024

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Sumalatha Ambareesh, the Independent MP who won from Karnataka’s Mandya constituency in 2019, announced on Wednesday that she would join the BJP and not contest the upcoming Lok Sabha elections.

After the BJP-JD(S) coalition has fielded former chief minister and JD(S) state president H D Kumaraswamy from Mandya, all eyes were on Sumalatha, who defeated Kumaraswamy’s son Nikhil Kumaraswamy in the 2019 Lok Sabha elections.

The announcement came along expected lines as Kumaraswamy had met Sumalatha on Sunday, March 31, seeking her support for the elections.

In a supporters’ meeting held at Mandya to announce her decision, Sumalatha, who is the first Independent MP from the constituency, said, “I will not be contesting this election, but I am not leaving Mandya…. Some people, when they don’t get the ticket, decide to leave the party. But, I have decided to give up my seat and join the BJP”.

Sumalatha said her options were to either contest as an Independent, join the Congress or Bharatiya Janata Party (BJP).

“If I contest as an independent, it will be to prove something to myself. Who will benefit from that and who will lose, we have to think. We have to be mature,” she said, adding that she was “not worried about self-interest” and had turned down offers from BJP to contest at either Bengaluru North, Chikkaballapur or Mysore-Kodagu to remain with the people of Mandya.

Sumalatha said that she would not join the Congress as the party did not want her. “On the other hand, the BJP leadership took me into confidence in all issues. When even the Prime Minister says that the party needs leadership from people like me and asks me not to take any other decision, do I have respect there (in BJP) or not?” the MP asked.

Riding on a sympathy wave following the demise of her husband, former Union Minister and actor-turned politician Ambareesh, Sumalatha had defeated Kumaraswamy’s son Nikhil Kumaraswamy by a margin of over 1.25 lakh votes in 2019. Though Ambareesh was from Congress, Sumalatha had contested as an Independent after the Congress denied her ticket due to the coalition arrangement of the party with JD(S) that year.

Though Sumalatha was keen on joining the BJP ahead of the 2024 Lok Sabha polls and contesting from Mandya, it has not panned out due to BJP’s alliance with JD(S) in 2024.

Mandya, which Sumalatha represents, is a Vokkaliga bastion which has largely favoured either the JD(S) or Congress over the years. Due to this, the BJP-JD(S) coalition went with Kumaraswamy, a top Vokkaliga politician of the state.

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News Network
April 13,2024

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Mangaluru: After as the state health ministry issued guidelines to the public in view of a heatwave, the health department in Dakshina Kannada has advised people to be cautious about the impact of heatstroke, including heat rash, heat edema, heat cramps, heat tetany, heat syncope, and heat exhaustion.

Dakshina Kannada district nodal officer for climate change, Dr Naveenchandra Kulal, said that the impact of heat-related illness can also be found in the district, when there is a variation of about 4.5⁰C from the normal temperature.

Dr Kulal told media persons here on Friday, that the impact of heat-related illness is not confined to Raichur, Kalaburagi, and other North Karnataka districts.

“Those who reside inside tin sheet houses and closed environments are likely to suffer from heatstroke. People should hydrate themselves by drinking more water and avoid working under the direct Sun. Heat exhaust fans can be used. Though no heatstroke cases have been reported in the district, any negligence may cause heatstroke,” he said. 

DHO Dr Thimmaiah HR said that hotels and restaurants should supply boiled water, and they should clean the overhead tanks once every three months. The filter of drinking water units should be cleaned frequently, he said.

He also directed paying guest accommodations to supply fresh food to inmates.

“We have received complaints of many paying guest accommodations serving sambar cooked the previous day to inmates. Stale food should be avoided, as there are chances of food contamination. Plastics should be avoided while packing food in hotels. As per the Food Safety and Standards Authority of India (FSSAI) guidelines, the use of plastic to pack hot food is restricted,” the DHO said.

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News Network
April 2,2024

Mangaluru: A coordination meeting of BJP-JD(S) coalition was held to discuss the Lok Sabha elections in the Dakshina Kannada constituency on Monday.

Dakshina Kannada MP Nalin Kumar Kateel said BJP and JD(S) have joined hands to make Narendra Modi the Prime Minister again.

BJP district president Sathish Kumpala said though there were ideological differences, both parties have the same aim.

“Our main aim is the development of the district. If we join hands and work together, it will be made possible. Further, the coalition will help in controlling the corrupt Congress too,” he said. 

JD(S) district president Madhava Gowda said the party has entered the coalition with BJP to defeat the corrupt Congress and make the Viksit Bharat concept a reality. The coalition with JD(S) will help BJP increase its margin in Dakshina Kannada, he added.

JD(S) leader MB Sadashiva said, according to party supremo HD Deve Gowda, the definition of the word ‘secular’ is an ‘inclusive’ move by taking everyone along together. The coalition will work together to strengthen the hands of Prime Minister Narendra Modi, he said.

BJP Mahila Morcha units in Dakshina Kannada and Udupi districts have said the Congress in Karnataka is anti-women. Mahila Morcha president Manjula Rao said demeaning women is part of Congress culture.

Referring to Congress MLA Shamanur Shivashankarappa’s sexist remarks, Rao said the remark of the veteran leader that ‘women should be limited to the kitchen’ has attracted the wrath of many people.

“Women are not limited to the kitchen. It was the BJP govt that ensured 33% reservation for women in the legislature. However, Congress has been denying opportunities for women,” she added. 

Meanwhile, BJP spokesperson Geethanjali Suvarna said in Udupi that voters in Karnataka will teach a lesson to the Congress in the LS election. “Minister Priyank Kharge has been attacking women through demeaning statements. The Congress govt follows an anti-women policy in the state. Women will reject Congress in the state,” said Suvarna.

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