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Kerala ‘love jihad’ case: SC agrees to examine if Kerala HC erred in annulling Hadiya’s marriage

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Kerala ‘love jihad’ case: SC agrees to examine if Kerala HC erred in annulling Hadiya’s marriage

[vc_row][vc_column][vc_column_text]The apex court to hear on October 9 a plea challenging former Chief Justice JS Khehar’s order of a NIA probe in the case

The Supreme Court, on Tuesday, agreed to examine whether the Kerala High Court overstepped its judicial powers by annulling the marriage of Hadiya alias Akhila Ashokan with Shafin Jahan in what has come to be known popularly as the Kerala love jihad case.

A three-judge bench of the apex court headed by Chief Justice Dipak Misra also observed that Hadiya’s father, KM Ashokan, could not claim custody to her as she is a “24-year-old adult”. The bench said: “Either we will appoint loco parentis or we will send her somewhere safe. Father can’t insist on her custody”.

The bench was hearing a plea filed by Hadiya’s husband, Shafin Jahan in which he has challenged the Kerala High Court’s order that nullified his marriage.

The court also witnessed dramatic arguments put forth by Jahan’s counsel, senior advocate Dushyant Dave, who challenged an earlier order in the case – given by then Chief Justice JS Khehar – of an investigation conducted by the National Investigation Agency (NIA) to ascertain the veracity of claims that the marriage of Hadiya to Shafin Jahan was not an “isolated incident” but part of a “pattern” of forceful conversion of girls to Islam by way of marriage. The NIA has also been tasked by the apex court to look into the seemingly outrageous and bizarre claims that Hadiya’s marriage was actually part of a radicalization scheme linked with global terror outfit, Islamic State.

On Tuesday, Dave challenged the court’s earlier order of an NIA probe in the case, asserting that “it struck at the very foundation of this multi-religious society” and was “sending terrible signals across the world”.

The apex court’s order of an NIA probe into a case of inter-faith marriage and alleged forced conversion has drawn wide-scale criticism from various legal luminaries and human rights groups.

Dave even asked the court: “two of the seniormost leaders in the BJP are married to members from minority community. Will your lordships order NIA enquiry against them”.

The senior advocate’s charged arguments drew a reprimand from the Bench, with Justice AM Khanwilkar telling Dave: “you are so loud that we can’t hear you”. However, this did not stop the counsel from carrying on with his vociferous arguments.

Additional Solicitor General (ASG) Tushar Mehta, who appeared in the court in place of ASG Maninder Singh who usually represents the NIA, told the court that the objections being raised by Dave had already been raised by senior advocate Kapil Sibal who was representing Jahan earlier. ASG Mehta said that the order by former CJI JS Khehar of an NIA probe in the case had been given after considering arguments placed by Sibal as well as the NIA.

Giving time to the NIA to properly respond to the charges made by advocate Dave, the Bench noted that it would hear the matter on October 9.[/vc_column_text][vc_column_text css=”.vc_custom_1507036719308{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #c4c4c4 !important;border-radius: 5px !important;}”]Background to the Kerala Love Jihad case:

In May this year, the Kerala High Court had declared as “null and void” the marriage of 24-year-old Hindu woman – Hadiya alias Akhila – who had converted to Islam to marry a Muslim man – Shafin Jahan – in December 2016, terming the union as “sham”. It had ordered Hadiya to be placed in her parents’ protective custody.

Akhila was a homeopathy student in Kerala when she converted to Islam. Shafin Jahan had met her with his family in August 2016 in response to her posting on a marriage website and they got married last December.

Jahan, 27, challenged the Kerala High Court order in the Supreme Court, saying that the order was an “an insult to the independence of women in India”. He had requested the Supreme Court to order Hadiya’s father to produce her in court while claiming that she had converted to Islam of her own volition two years prior to their marriage.

Hadiya’s father, however, had said that she was a “helpless victim” trapped by a “well-oiled racket” which used “psychological measures” to indoctrinate people and convert them to Islam. He had also alleged that Jahan is a criminal and that Hadiya had been trapped by a network with connections to the Islamic State.[/vc_column_text][/vc_column][/vc_row]

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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