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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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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News Network
May 12,2024

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Mangaluru: Dakshina Kannada Zilla Panchayat High School in Harekala, popularly known as Padma Shri awardee Harekala Hajabba’s school, is gearing up to inaugurate its first batch of Pre-University (PU) courses starting June 1. 

The government issued an order to elevate the school established by Padma Shri awardee Harekala Hajabba to the status of a PU College a few months ago.

The School Education and Literacy Department (PU Education) has formally sanctioned the upgrade for the school.

CD Jayanna, the deputy director of PU Education, confirmed that all necessary approvals have been obtained from the government to initiate PU classes.

“Hajabba’s school will kick off PU classes for its inaugural batch on June 1. We have appointed a senior lecturer as the interim principal for the PU college. Presently, the school possesses the essential temporary infrastructure to begin the I PU batch. Plans are underway to enhance the infrastructure for the PU college in the future. Currently, the school boasts adequate classrooms and facilities to commence PU classes,” stated Jayanna.

Harekala Hajabba, an orange vendor, personally erected the school in his native village, New Padpu in Harekala, situated approximately 35 km from Mangaluru. For several years, he has tirelessly petitioned the government for the establishment of a PU college.

Expressing his gratitude, Hajabba mentioned that 19 students who recently completed their SSLC examinations are poised to enroll in the new PU college. He added, “We anticipate enrollment from neighboring villages as well. Both the interim principal and the PU education department have been diligently orchestrating the necessary arrangements to initiate classes.” 

He extended his appreciation to the government, local representatives, and officials for their unwavering support.

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News Network
May 14,2024

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Bengaluru, May 14: JD(S) leader HD Revanna has been released from Parappana Agrahara Jail today, on May 14 after he was granted conditional bail. 

He was granted a conditional bail yesterday by a Bengaluru court in connection with a kidnapping case linked to sexual abuse allegation against him and his son Prajwal.

Revanna was arrested on May 4 by Special Investigative Team (SIT) officials in a kidnapping case registered against him at KR Nagar police station in the city. The case is linked to his son and Hassan MP Prajwal Revanna’s mega sex scam. 

Representing the JD(S) MLA from Holenarsipura, he termed this case a "political conspiracy" against him.

A SIT, constituted by the Karnataka government, is probing the alleged sexual abuse against against HD Revanna and his son Prajwal Revanna.

Prajwal Revanna, the incumbent MP, is seeking another term from Hassan Lok Sabha constituency. The voting for the seat took place on April 26.

Earlier, JD (S) chief HD Kumaraswamy alleged that Karnataka government does not want a fair inquiry.

"They are misusing the office. Nothing is going to happen ultimately. They wanted character assassination of HD Revanna and for that reason, they are using their office," Kumaraswamy told ANI.

Meeting Karnataka Governor Tawara Chanda Gehlot on May 9, a delegation of the Janata Dal (Secular) submitted a memorandum and urged Gehlot to recommend a CBI probe.

Prajwal sill absconding

The JD(S) MP, Prajwal, fled to Germany after Karnataka State Commission for Women Nagalakshmi Chowdhary wrote to Chief Minister Siddaramaiah seeking an investigation into over obscene videos of Prajwal Revanna allegedly sexually abusing several women. He has also skipped summons issued by the SIT to appear before it.

The ‘obscene videos’ involving Prajwal Revanna started making the rounds ahead of the first phase of Lok Sabha elections in Karnataka on April 26, triggering a political slugfest.

A lookout notice against Prajwal Revanna has been issued at all airports in India, along with a Blue Corner notice. A Blue Corner notice issued by Interpol helps countries collect and share information regarding a person's location and their activities as part of a criminal investigation.

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