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Kerala love jihad case: SC to hear Hadiya’s submission in open court on Nov 27

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File photo of Hadiya alias Akhila with her husband Shafin Jahan. Photo credit: Agencies

Supreme Court expresses surprise over Asokan seeking his adult daughter’s custody, says consent is prime and no law prevents marriage with a criminal 

The Supreme Court, on Monday (October 30), made it clear that any decision on the Kerala ‘love jihad’ case will only be taken after Hadiya alias Akhila – the Hindu girl who had married a Muslim man Shafin Jahan, a marriage that had been annulled by the Kerala High Court – had expressed her opinion in open court for which the time and date has been set for 3 pm on November 27.

The order of the apex court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, is a modification of an earlier directive issued by the same court in which it had said that the statements of 24-year-old Hadiya before the SC will be recorded ‘in camera’.

The proceedings in what has come to be called the Kerala love jihad caseon Monday, saw high voltage arguments being put forth by senior advocates Shyam Divan and Kapil Sibal and Additional Solicitor General Maninder Singh – each of them trying hard to pursue their respective stands in the matter. The arguments were countered by equally pointed, often curt, observations by the apex court bench.

The proceedings on Monday began with the Chief Justice asking ASG Maninder Singh – who is appearing in the case on behalf of the National Investigation Agency (NIA) – on how Hadiya’s marriage with Shafin Jahan could be annulled in a Habeas Corpus petition.

Singh submitted that this is a case in which the girl has been indoctrinated and hence “court can invoke parental authority” though she is a major.

The Additional Solicitor General submitted that Akhila doesn’t want to be in the custody of her father, Asokan. A new application had been filed in the high court.

He said that as far as marriage is concerned “it is her personal consent. Who can say there is no free consent? I know my Lakshman Rekha and I am following the law. But the previous order passed by this court said the court has the authority to set the time of investigation. She married a criminal.”

The CJI asked: “Is there any law by which a girl can never fall in love with a criminal? I am really very surprised that her father wants custody of a major (she is now 25, was 24 when she married) person who is married to another major person.”

The ASG said: “We have to decide it within two or three hearings and the high court must know the fact that she does not want to be with her father.”

This is a critical part that the court would want to pay heed to. In a recent video made by social activist Rahul Eashwar in Kochi, Hadiya had said that her father was ill-treating her and that there was a threat to her life.  She has been quoted as saying in the video: “You have to get me out. I am sure I will be killed tomorrow or the day after. My father is getting angry, I know. When I walk, he is pushing me and kicking me. If my head or any body part hits somewhere and I die…”

The bench said thereafter: “Unless we call the person we cannot decide if she can express herself or if she has given consent. Then we can take a call. Prima facie you have to satisfy our constitutional obligation of producing her in court.”

Senior advocate Shyam Divan, who is appearing on behalf of Haditya’s father Asokan, reiterated the call for constitutional obligation. “When you talk about unity and diversity we are not going by impulse of society, but we will go by the law,” he said.

Arguing that “there is an organizational apparatus” operating for getting inter-religious marriages between Hindu girls and Muslim men operating, Divan said that this apparatus “consists of PFI and such organisations… They have students, preachers, psychologists etc and they radicalize impressionable minds.The question is do courts respond to such radicalization or do they remain silent?”

Leveling serious allegations against Hadiya’s husband, Divan told the top court that Shafin Jahan also questioned the antecedents of Hadiya’s has contacts with a person who recruits people for global terror outfit Islamic State.

Divan went on to submit that “Kerala has a huge contingent of people who have joined ISIS,” a contention that evoked sharp objections from senior advocate Kapil Sibal, who is appearing for Hadiya’s husband.

Asserting that Divan’s allegations against his client were “false and baseless”, Sibal said: “He (Divan) is saying that entire Kerala has gone to ISIS…the antecedents of Shafin Jahan had been investigated by the Kerala Police.”

The CJI, after hearing the heated arguments, directed Hadiya’s father to produce her on the next date of hearing, set for November 27.

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Amit Shah says BJP will neither remove reservation for SCs, STs and OBC, nor will allow Congress to do so

The Home Minister alleged that the Congress’ formula was to speak lies loudly, publicly and repetitively. He advised Congress president Mallikarjun Kharge not to speak lies for a family as eventually he will have to take the blame for the party’s loss in the Lok Sabha elections

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Union Home Minister Amit Shah on Wednesday continued to attack Congress over reservation row. He was addressing a rally in Katghora town of Chhattisgarh’s Korba district to campaign for Saroj Pandey, BJP candidate from the Korba Lok Sabha seat where Shah said BJP will neither remove reservation for SCs, STs and OBCs, nor will it allow Congress to do so.

The Home Minister alleged that the Congress’ formula was to speak lies loudly, publicly and repetitively. He advised Congress president Mallikarjun Kharge not to speak lies for a family as eventually he will have to take the blame for the party’s loss in the Lok Sabha elections. Shah accused Congress of nurturing terrorism and Naxalism to win the Lok Sabha elections.

Shah further added that Congress claims if Prime Minister Narendra Modi ji gets majority for the third term, he will scrap reservation. He said the grand old party has even circulated his fake video. Shah said that have been in power for the last 10 years and PM Modi did not remove reservation, nor will he do it in the future.

The Union Home Minister further asserted Modi ji used the majority to scrap Article 370 and triple talaq, construction of Ram Mandir in Ayodhya and introduce the Citizenship Amendment Act. He further told the Congress President Mallikarjun Kharge that Rahul Gandhi and Priyanka Gandhi do not belong to anyone. He said on June 4 Congress will suffer defeat and the brother-sister duo will remain safe, but Kharge ji will be blamed.

Shah further asserted if PM Modi becomes the prime minister for the 3rd straight term, then Naxalism will be uprooted in two years in Chhattisgarh.  Shah targeted the previous Bhupesh Baghel-led government in Chhattisgarh and said, The Bhupesh Kakka government encouraged Naxalism, but after the BJP came to power in the state under CM Vishnu Deo Sai and Deputy Chief Minister Vijay Sharma 95 Naxalites have been eliminated in 4 months.

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Salman Khan house firing: Accused Anuj Thapan dies by suicide in Mumbai Police custody

Anuj Thapan died by suicide in lock-up of Mumbai Police’s custody

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One of the accussed, Anuj Thapan, attempted suicide while being held by police in the most recent development in the Salman Khan house firing case. It is said that Anuj gave guns to the shooters. Thapan was sent to the nearest hopital for a checkup after he was seen held.

The 23-year-old deceased Anuj Thapan committed suicide by hanging himself with a bedsheet inside the locked toilet. He was taken to the GT Hospital, which is maintained by the state, and while receiving care, an official claimed, he was pronounced dead. An accidental death report would be filed at the police station in south Mumbai’s Azad Maidan, as per a report.

Earlier, both the shooters, Vicky Gupta and Sagar Pal, who opened fire outside the actor’s residence in Bandra were detained from Gujarat’s Bhuj. For every accused person who has been detained, the Mumbai Police have invoked MCOCA laws. Gangster Lawrence Bishnoi is identified as the leader of the group by Mumbai Police. The FIR now included sections on MCOCA.

Meanwhile, Salman’s security level was raised to Y-Plus in 2022 in response to threats made by gangsters Lawrence Bishnoi and Goldy Brar. The Sultan actor also carrys a new armored vehicles for increased protection and was given permission to carry a handgun on his person.

Later, the Mumbai Crime Branch requested in writing to the Ministry of Home Affairs to issue a lookout notice for Anmol, the brother of gangster Lawrence Bishnoi. A few hours after the incident,  Anmol Bishnoi claimed responsibility for the gunfire at Salman Khan’s house via his Facebook profile.

Meanwhile, Salman Khan recently met UK MP Barry Gardiner, who represents Brent North, while he was in London. Salman and Barry are both visible inside Wembley Stadium in a number of images circulating online.

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2024 Lok Sabha Elections

Priyanka Gandhi says PM Modi is far away from reality of common people, calls him an egoistic person

The Congress leader also alleged there was a mafia raj in BJP-ruled Assam. She said there have been very serious charges against Himanta Biswa Sarma when he was in the Congress party. As soon as he changed sides to BJP, all charges against him were dropped.

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Congress leader Priyanka Gandhi was addressing a rally in Assam’s Dhubri on Wednesday where she said that Prime Minister Narendra Modi did not stop JD(S) MP Prajwal Revanna from leaving India. She said PM Modi is far away from the reality of common people and has no understanding of their miseries as he has become egoistic.

This was not the first time that Priyanka Gandhi attacked PM Modi over the sex scandal. Earlier this week, she questioned PM Modi’s silence over the matter. Gandhi said Prajwal Revanna who stood along with PM Modi, for whom the prime minister asked for votes, has been accused of abusing thousands of women.  She added the numbers are staggering and asked Modi’s response over the matter. Gandhi said she was keen to hear what the Union home minister had to say on the matter.

Priyanka Gandhi recollected that a few days earlier she had travelled abroad to visit her daughter. She said the Prime Minister and Home Minister are constantly discussing her overseas trips. She said they are well aware about when she is going to travel and are even keeping track of opposition leaders’ travels. Yet, when an accused, someone like him Prajwal Revanna, leaves the country, they claim ignorance. How can anyone accept this? She said the matter has slipped away right under their noses after committing such a grave offence, and yet they remain silent.

The Congress leader also alleged there was a mafia raj in BJP-ruled Assam. She also attacked Assam CM Himanta Biswa Sarma. She said there have been very serious charges against Himanta Biswa Sarma when he was in the Congress party. As soon as he changed sides to BJP, all charges against him were dropped. Gandhi further added the BJP has developed a washing machine where corrupt people are put and the Assam CM was the first one in this regard.

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