Supreme Court orders NIA probe into Hindu girl’s conversion to Islam

coastaldigest.com web desk
August 16, 2017

New Delhi, Aug 16: The Supreme Court on Wednesday ordered a National Investigation Agency (NIA) probe into the plea of a Muslim man whose marriage with a Hindu convert Muslim woman (Akhila alias Hadiya) was annulled by the Kerala High Court as per the request of her Hindu parents.

A bench of Chief Justice of India Jagdish Singh Khehar and justice DY Chandrachud ordered NIA to launch a probe into the conversion and marriage of the girl, who was known as Akhila but converted to Islam and changed her name to Hadiya, to a Muslim man, Shafin Jahan. The marriage had taken place in 2016.

Justice RV Ravindran, a retired judge of the apex court, will supervise the investigation.

The Kerala HC on May 25 had declared as "null and void," the marriage of 24-year-old Hadiya who had renounced Hinduism and embraced Islam on her own will. However, the court had described the case as an instance of 'love jihad' and ordered the state police to conduct probe into such cases.

In its earlier hearing, the apex court had termed the case as "serious" and "sensitive". The bench had asked the NIA and father of the woman to give all the materials in their possession to the court.

"These are very sensitive issues.. It's a serious matter... You give us all the materials you have," the apex court had told them.

"Issue notice. Madhvi Divan, advocate... on behalf of respondent number one (father) seeks a week's time, so as to enable her to place material on the record of this case. Prayer is allowed. Needful be done within one week from today," the bench said.

The woman's husband, Shafin Jahan, has filed a plea challenging the HC order saying it was an "an insult to the independence of woman in India".

Advocate Madhvi Divan, appearing for Hadiya's father, said she was a "helpless victim" trapped by a "well-oiled racket" which used "psychological measures" to indoctrinate people and convert them to Islam.

The lawyer went on to claim that Jahan was a criminal and Akhila was trapped by a network with connections to Popular Front of India and even the Islamic State. However, the lawyer did not provide any proof for his claim.

Background

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.

Comments

Ahmed
 - 
Thursday, 17 Aug 2017

Her Father and many like him have fallen to the mind wash of the media... We request the father to read the QURAN once in your life time or atleast now to avoid the confusion on his daughter who started to worship ONE GOD ALLAH which is also mentioned in your vedas and BG. God made us to worship him alone ... YOUR DAUGHTER recognised that but U need to recognize too...Please read the book of the CREATOR, The QURAN, ALLAH loves when the creation try to know about him and PONDER on how all this exists and also knowing the perfectness in the creation of human being...  as well as those which are visible and not visible to us.

Allah is able to do all thing... The media 24/day tries to demonize ISLAM and Muslims... but ALLAH has a different plan . The more they demonize , the more people are accepting ISLAM, not just in india but all over the world. I think its time to NON MUSLIMs to know about one GOD ALLAH rather than depending on the LIES and deception of the media. QURAN is the manual for human being on how to live a life that ALLAH has given us. Dont be idle .. Learn about GOD before death approaches us. Look the knowledge of MEDIA & compare it with the divine knowledge that is mentioned in the QURAN.ALLAHU AKBAR - God is Greatest.

 

Manjeshwaranna
 - 
Wednesday, 16 Aug 2017

If some one want to know the circumstances under which the court came to this order you can go through the actual judgement 

http://judis.nic.in/Judis_Kerala/list_new2_Pdf.asp?FileName=520925

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News Network
April 24,2024

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With the Karnataka transport department extending the deadline for the installation of High Security Registration Plate (HSRP) twice--- in November last year and February, it is no longer planning to extend the same. The department ordered for the installation of HSRP before May 31.

The transport department through a notification in August last year, had mandated the installation on all the vehicles that were registered in the state prior to April 1, 2019. According to transport officials, there are nearly two crore vehicles that are supposed to get HSRP for their vehicles.

“As of now, the state has registered only 34 lakh HSRP installations, despite extending the deadline twice. From nearly 18 lakh installations since February, the numbers have almost doubled. However, there are still a large number of vehicles that have to opt for HSRP,” said C Mallikarjuna, Additional Commissioner for Transport (Enforcement).

“We will wait till May 31 to check for the total number of vehicles that fall in line. We are expecting HSRP installations to touch 75 lakh, after which we will consider an extension as the numbers indicate that people are falling in line and if some more time is given everyone will get it done. However, if we do not reach that number before the deadline, we will request the government not to extend the deadline but urge for an enforcement,” he said.

He also stated that a fine of Rs 500 will be imposed for the first time and if vehicle owners do not fall in line, it will be Rs 1,000 later until they have installed HSRP. “We will wait till the Model Code of Conduct ends and take the government’s opinion. We are going to request the government for strict enforcement if the HSRP installations are not satisfactory,” he added.

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News Network
April 22,2024

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New Delhi: Even though Prime Minister Narendra Modi's nasty election speech in Rajasthan's Banswara has triggered a nationwide controversy, the Election Commission has so far not taken any action. Meanwhile the Opposition bloc INDIA called the speech an attempt to divert attention from "real issues".

Addressing the people Banswara, on April 21, (Sunday) Modi openly attacked India’s Muslims, suggesting they were “infiltrators” and went on to claim that the opposition if elected would give away “mangalsutras” and “land” of those listening to his speech to them (Muslims). 

He referred to his immediate predecessor, Dr Manmohan Singh who was in office for 10 years as prime minister till 2014, and said, “Earlier, when his government was in power, he had said that Muslims have the first right on the country’s property, which means who will they collect this property and distribute it to – those who have more children, will distribute it to the infiltrators. Will the money of your hard work be given to the infiltrators? Do you approve of this?” 

Modi went on to say, “This Congress manifesto is saying that they will calculate the gold of the mothers and sisters, get information about it and then distribute it. Manmohan Singh’s government had said that Muslims have the first right on property. Brothers and sisters, these urban Naxal thoughts will not let even your mangalsutra escape, they will go this far.”

Narendra Modi and the BJP so far in their campaign trail have invoked religious faith, the Ram temple and Lord Ram multiple times, directly using it to call for people to vote for them. The Election Commission has been completely silent on the messaging via videos, tweets and other exhortations. 

Did Manmohan Singh really say that?

Modi’s claim that Dr Singh said that is not new and was refuted in 2006 itself by Singh’s PMO, when Modi had first made the false claim. The PMO had termed such remarks, “a deliberate and mischievous misinterpretation of what the Prime Minister said here yesterday at the meeting of the National Development Council, on fiscal priorities of the government.” It was termed “an avoidable controversy has been generated. The Prime Minister’s observations have also been quoted out of context in some sections of the electronic media, fuelling a baseless controversy.”

The full text of the paragraph in which the Prime Minister referred to the issue of minority empowerment to clarify the matter is as follows:

“I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”

The PMO’s clarification said. “it will be seen from the above that the Prime Minister’s reference to “first claim on resources” refers to all the “priority” areas listed above, including programmes for the upliftment of SCs, STs, OBCs, women and children and minorities.

Opposition reacts

Chairman, Media and Publicity department of the Congress, Pawan Khera said in a video message in a post, “We challenge the Prime Minister to show us if the word Hindu or Muslim is written anywhere in our manifesto. This kind of lightness is there in your mentality, in your political values. We have talked about justice for the youth, women, farmers, tribals, middle class and workers. Do you object to this as well?”

Khera was referring to earlier mistruths uttered by Modi about the “Muslim League” having influenced the Congress manifesto.

In Jharkhand’s Ranchi at an opposition rally, Congress president Mallikarjun Kharge is reported to have said by BBC Hindi, “If democracy and the Constitution end in the country, then the people will have nothing left. Babasaheb Ambedkar ji and Jawaharlal Nehru ji gave equal voting rights to everyone, due to which all classes got respect. But Narendra Modi wants to snatch their rights from the poor.”

B.V. Srinivas termed it as unfortunate that “this person is the Prime Minister of this country, and an even bigger tragedy is that the Election Commission of India is no longer alive.” He said that “due to the frustration of impending defeat, the Prime Minister of India is openly sowing the seeds of hatred, he is polarising by misquoting Manmohan Singh’s 18-year-old incomplete statement, But the Election Commission (Modi ka parivar) is bowing down.”

Modi’s past hate-speech

Modi, in his 12-year tenure as chief minister of Gujarat was known to have made speeches targeting the state’s minority Muslim community brazenly, terming camps where Muslims were forced to stay in after communal violence gripped the state in 2002. Frontline covered him on his Gujarat Gaurav Yatra started shortly after the violence, at a rally at Becharaji in Mehsana district in northern Gujarat, when he said, “What should we do? Run relief camps for them? Do we want to open baby-producing centres? But for certain people that means hum paanch, hamare pachees.” 

In 2017 it was time again for direct speech targeting Muslims when in February he spoke of ‘shamshaan versus kabristan’ campaigning for UP and then for Gujarat elections when the BJP had its worst performance this millennium, in a speech at Palanpur on December 10, 2017 Modi invoked a “secret meeting” to get Pakistan to fix Gujarat’s assembly polls. He said that a meeting was held at Congress leader Mani Shankar Aiyar’s residence, attended by former PM Manmohan Singh, former Vice-President Hamid Ansari, former Army Chief Deepak Kapoor and distinguished diplomats to execute the plot. Modi’s PMO faced embarrassment when in response to an RTI filed by the Congress, his office was forced to say that Modi’s campaign speech could have been based on an “informal input”.

In the only question he has answered as part of a press conference with Joe Biden on June 22, 2023, Modi was asked, “India has long prided itself as the world’s largest democracy, but there are many human rights groups who say that your government has discriminated against religious minorities and sought to silence its critics.  As you stand here in the East Room of the White House, where so many world leaders have made commitments to protecting democracy, what steps are you and your government willing to take to improve the rights of Muslims and other minorities in your country and to uphold free speech?”

In response Modi appeared visibly frazzled and denied all charges. “I’m actually really surprised that people say so.  And so, people don’t say it.  Indeed, India is a democracy.” 

The journalist was trolled online by BJP leaders and supporters to such an extent that the White House had to come out and defend her and strongly denounce the trolling and abuse.

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News Network
April 11,2024

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BJP MLA Arabail Shivaram Hebbar’s son Vivek Hebbar on Thursday, 11 April, joined the Congress party along with his supporters at Banavasi in Uttara Kannada district.

After quitting the BJP, Vivek Hebbar joined the party in the presence of state Congress vice president and former MLC Ivan D’Souza and other local party leaders.

Speculations have been rife about his father Shivaram Hebbar, an MLA from the Yellapur Assembly segment, also planning to join the Congress, ever since he did not turn up for voting during the polls to four seats of the Rajya Sabha from Karnataka held on 27 February.

The senior Hebbar’s absence from voting, despite a party whip, had caused embarrassment to the BJP. He had, however, later attributed his absence to poor health.

The BJP had also issued notice to him, which he responded to.

Shivaram Hebbar had recently met Deputy Chief Minister and state Congress chief DK Shivakumar but claimed that the meeting was about water issues in his Assembly segment.

The senior BJP leader was earlier with the Congress. He was among 17 Congress-JD(S) legislators, who had quit from their parties, which ultimately led to the collapse of the then HD Kumaraswamy-led coalition government in July 2019.

Shivaram Hebbar had subsequently won the by-poll on a BJP ticket and served as a minister in the then government of the saffron party.

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