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A study: Two division benches of the same court, two decisions on similar cases

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Hadiya

[vc_row][vc_column][vc_column_text]‘Love Jihad’ has been an issue that has been manufactured by extreme right wing activists in the recent past, targeting inter-faith marriages. The target of such fringe hoodlum groups have been to show that Hindu girls (or even Christian girls) are being lured into marriage by Muslim youths, with the idea of involving them in terrorist activities. One such case – commonly known as the Hadiya case – has become famous. This case originated from a division bench of the Kerala High Court.

An almost identical case has arisen in the same court, handled by a different division bench.

Without comment, it would be interesting to see how the two benches have handled the cases.

First, the original Hadiya case

Hadiya , then K M Akhila, was a homeopathy student in Malappuram before she married Shefin Jahan on December 19 last year. They got introduced through a Muslim matrimonial website in August 2016. Two days after their wedding, Hadiya was asked to appear before the Kerala High Court in a habeas corpus petition filed by her parents. Her parents had approached the court alleging forceful conversion.

The court then granted Hadiya’s custody to her father KM Asokan and also directed the Kottayam district police superintendent to provide them protection. The High Court had annulled the marriage on May 24.

Hadiya, then 25, was not happy. Jahan, 27, challenged the high court verdict in the Supreme Court. On August 10, the Supreme Court asked the National Investigation Agency to look into this. That Supreme Court bench was headed by the then Chief Justice J S Khehar.

The top court also ordered the formation of a committee under the chairmanship of former SC judge Justice RV Raveendran. However, Raveendran had refused to head the committee.

Despite Hadiya being an adult, the high court had maintained that the girl was “weak and vulnerable” and susceptible to exploitation, and that “marriage being the most important decision in her life, can also be taken only with the active involvement of her parents.”

The other case

Now the other love jihad case, handled by another division bench of the same court.

On Thursday (October 19) this bench slammed the various religious groups’ campaign against what they call ‘Love Jihad’. The court bench said: “Every case of inter-religious marriage shall not be portrayed on a religious canvas and create fissures in the communal harmony otherwise existing in God’s own country Kerala”.

This division bench, comprising Justices V Chitambaresh and Satish Ninan said this in case – another habeas corpus petition – filed by Anees Hameed, a 25-year-old from Kannur, who was seeking the release of his wife Sruthi Meledath from her family’s custody. This bench ruled that Sruthi be allowed to stay with Hameed and dismissed the woman’s parents’ petitions, as well as a helpline run by a Christian group that wanted to implead itself in the case.

The court said it will “protect the individual liberty of even the lowest citizen of this country and unlock the doors of freedom if there is a faintest doubt that she is unlawfully confined or illegally detained.”

Like Hadiya, Sruthi too had stated in court that after the marriage her family had forcibly kept her away from her husband. Sruthi had been confined to Siva Sakthi Yoga Vidya Kendram near Kochi, which reportedly helps “reconvert” Hindu women who have embraced other religions.

In this case the court’s observations are critical. The bench said: “We are appalled to notice the recent trend in the state to sensationalise every case of inter-religious marriage as either love jihad or ghar wapsi. Disturbing news is coming from several parts of the country that young men and women who undergo inter-caste marriages are threatened with violence or violence is actually committed on them.

“In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country and once a person becomes a major, he or she can marry whosoever he or she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with the son or the daughter. But they cannot give threats or commit or instigate acts of violence, and cannot harass the person who undergoes such inter-caste or inter-religious marriage,’’ the bench said.[/vc_column_text][/vc_column][/vc_row]

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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