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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 29,2024

prajwalrevanna.jpg

Bengaluru, Apr 29: HD Revanna, the father of Karnataka MP Prajwal Revanna, has accused rivals of creating a conspiracy out of "old videos", a comment that is likely to raise a bigger row over his son's alleged link to the obscene videos.

A woman yesterday filed a police case against Prajwal Revanna and his father over alleged sexual assault. Prajwal Revanna, the Janata Dal (Secular) MP and grandson of former Prime Minister HD Deve Gowda, has denied the latest allegations and also filed a police complaint over circulation of obscene videos, which he said were morphed.

Prajwal Revanna left for Germany on Saturday morning after voting in the Lok Sabha elections a day earlier.

"I know what kind of conspiracy is going on. I am not someone who'll get scared and run away. They have released something that was 4-5 years old. Expelling him from the party is left to the party high command," HD Revanna said.

When it was pointed out that an FIR has been registered against him too, he said, "There is politics, I don't want to comment. They (Congress) are in government and they will do whatever they want."

"All these things are not just today, the Deve Gowda family in the last 40 years (has been targeted by) Congress. CoD (now CID), Lokayukta probe, we have been facing for the last 40 years... I don't want to react to anything...let them take action in accordance with law," he said, adding that he hasn't spoken to Deve Gowda on the issue.

"Since the special investigation team is looking into the case, I will not react any further," HD Revanna said.

Yesterday, a first information report was filed against the father-son duo on charges of sexual harassment, intimidation and outraging the dignity of a woman.

The survivor alleged both sexually assaulted her, and when Revanna's wife was not home, he touched her inappropriately and used to sexually assault her. The complainant alleged Prajwal Revanna also misbehaved with her daughter over a video call. "My daughter blocked his number after repeated calls," the complainant said.

The latest FIR comes when Prajwal Revanna is already in the middle of a controversy after some objectionable videos went viral on social media allegedly involving him.

Prajwal Revanna is seeking a fresh term in the Lok Sabha from as a National Democratic Alliance (NDA) candidate from Hassan.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 3,2024

Bengaluru: In a shocking revelation, a former member of Hassan Zilla Panchayat (ZP) has accused incumbent JD(S) MP Prajwal Revanna of raping her multiple times over three years and videographing the alleged crime.

A case was registered by the Criminal Investigation Department (CID) based on the statement by the 44-year-old survivor on Wednesday, May 1.

According to the First Information Report (FIR), the woman claimed that when she was a ZP member she used to visit the MLAs and MPs for various development works.

In one such instance in 2021, she met Prajwal seeking his help to get hostel seats for some female students at a local college. The woman, in her statement, said that since the MP was busy, she was asked to meet him the next day.

“The following day I visited the MP at his office and the MP's quarters in Hassan. The staff present there told me to wait on the first floor as there were many others in the hall. Prajwal spoke to some of the women waiting there, spoke with them and sent them off until I was the only one left,” the woman alleged.

As per the survivor, the MP then called her inside a room and she obliged.

“He held my hand, pulled me inside and locked the door. When I asked him why was he closing the door, he told me nothing would happen and made me sit on the bed. He said my husband should talk less and warned me of the consequences. He also said that because of my husband, his mother, Bhavani Revanna, missed the MLA ticket. He told me that if my husband wants to grow politically, I should listen to him [Prajwal],” the woman alleged.

Next, Prajwal allegedly told the woman to lie down on the bed and undress. When the woman refused and said that she would shout, Prajwal allegedly threatened her that he had a gun and warned of dire consequences for her and her husband.

The woman alleged that Prajwal took out his mobile phone and then raped her.

“He raped me and sexually assaulted me and recorded the act on his mobile phone,” the woman alleged. “He threatened to leak the video if I ever spoke about it and told me to be there whenever he wanted. After that, he used to video call me frequently, ask me to be naked during the call and raped me in multiple instances.”

The woman claimed that she was scared and did not make the incident public and chose to come forward after she learnt of the Special Investigation Team (SIT) set up by the Karnataka government to probe the alleged Hassan sex scandal.

A case was registered under Sections 376(2)(n) (commits rape repeatedly on the same woman), 506 (criminal intimidation), 354A(1)(physical contact and advances involving unwelcome and explicit sexual overtures), 354B (assault or use of criminal force to woman with intent to disrobe) and 354C (voyeurism) of the Indian Penal Code (IPC) and 66E (violation of privacy) of the Information Technology (IT) Act.

Prajwal is also accused in a sexual harassment case along with his father, Holenarasipur MLA HD Revanna, registered at the Holenarasipur police station in Hassan on April 28. 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 24,2024

HSRP.jpg

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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.