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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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Delhi lifts GRAP-4 pollution curbs as air quality shows improvement

Delhi has lifted GRAP-4 pollution curbs after air quality improved, though officials warn that AQI levels could rise again in coming days.

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Delhi has withdrawn the strictest set of air pollution control measures under the Graded Response Action Plan (GRAP-4) after a noticeable improvement in air quality across the region. The decision was taken by the GRAP sub-committee following a review meeting, where officials noted better atmospheric conditions aiding dispersion of pollutants.

According to the Commission for Air Quality Management, strong winds and favourable meteorological factors led to a sharp improvement in air quality from Tuesday night onwards. As a result, the Air Quality Index (AQI) in the national capital was recorded at 271 on Wednesday, placing it in the ‘poor’ category.

GRAP-4 had been imposed after AQI levels crossed the 450 mark, categorised as ‘severe-plus’, prompting emergency restrictions across sectors. With the situation easing, authorities have now rolled back the highest level of curbs, while confirming that actions under GRAP-1, GRAP-2 and GRAP-3 will remain in force.

What changes for commuters and schools

With the lifting of GRAP-4, older vehicles that were barred from operating during the peak pollution phase are now allowed back on Delhi roads. The earlier restriction permitting entry of only Bharat Stage (BS) 6 vehicles into the capital had affected nearly 1.2 million vehicles registered outside Delhi.

The Delhi government had also directed schools to run classes up to Class 11 in hybrid mode during the severe pollution phase. With the easing of restrictions, schools can now reassess operational decisions in line with the prevailing GRAP stages.

However, officials cautioned that the relief may be temporary. Forecasts by meteorological agencies indicate a possible rise in AQI levels in the coming days due to slower wind speeds. Authorities said they remain prepared to reintroduce stricter measures if pollution levels spike again.

Vehicle norms and ongoing curbs

Under the existing framework, GRAP-1 measures apply when AQI is between 201 and 300, GRAP-2 between 301 and 400, and GRAP-3 between 401 and 450. While GRAP-4 has been lifted, enforcement of emission-related norms continues.

Officials reiterated that vehicles without a valid pollution under control (PUC) certificate will not be allowed to refuel at petrol pumps. The government has maintained that vehicular emissions remain one of the biggest contributors to Delhi’s winter air pollution, accounting for a significant share of particulate matter in busy traffic corridors.

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Unnao rape survivor meets Rahul Gandhi amid protest over court relief to Kuldeep Sengar

The Unnao rape survivor met Rahul Gandhi in Delhi amid protests against court relief to convicted former MLA Kuldeep Singh Sengar, alleging mistreatment during the demonstration.

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The Unnao rape case survivor and her mother met Congress leader Rahul Gandhi on Tuesday evening as they continue their protest against the Delhi High Court’s recent relief to former BJP MLA Kuldeep Singh Sengar, who has been convicted in the case. The meeting took place at the 10 Janpath residence of Sonia Gandhi, where she was also present.

The survivor and her mother have been demonstrating in Delhi after the court granted interim relief to Sengar, allowing him to remain out of jail while his appeal against conviction and sentence is pending. The development has triggered strong political reactions, with opposition parties questioning the message it sends to survivors of sexual violence.

Allegations of mistreatment during protest

Earlier in the day, the survivor’s mother was allegedly manhandled by Central paramilitary personnel during the protest. According to the account shared by the family, security personnel stopped the mother and daughter from speaking to the media and forced the elderly woman to jump off a moving bus.

The duo had been protesting at India Gate along with their lawyer-activist Yogita Bhayana following the court order. They were later detained. On Tuesday morning, they planned to address the media at Mandi House, but the vehicle arranged to transport them did not stop at the intended location. The CRPF later stated that permission to hold a protest had not been granted.

Rahul Gandhi questions treatment of survivor

Reacting to the incident, Rahul Gandhi posted on X questioning whether the survivor was being mistreated for raising her voice against injustice. In his post, he asked if such treatment of a gang rape survivor was justified and criticised what he described as a justice system that grants bail to convicts while treating survivors like criminals.

The survivor, who was sexually assaulted by Sengar in 2017, has said she also wants to meet the Prime Minister to place her concerns directly before him. The case and the latest court decision continue to draw national attention, reigniting debate over survivor safety and access to justice.

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Jammu and Kashmir High Court rejects Mehbooba Mufti’s plea on undertrial prisoners, calls it politically motivated

The Jammu and Kashmir High Court has rejected Mehbooba Mufti’s PIL on undertrial prisoners, stating it was politically motivated and lacked factual basis.

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The Jammu and Kashmir High Court has dismissed a Public Interest Litigation (PIL) filed by People’s Democratic Party (PDP) president Mehbooba Mufti seeking the transfer of undertrial prisoners lodged in jails outside the Union Territory back to prisons within Jammu and Kashmir. The court termed the petition politically motivated, vague and unsupported by facts, observing that it was an attempt to derive political mileage rather than address a genuine public cause.

A bench headed by Chief Justice Arun Palli and Justice Rajnesh Oswal made it clear that public interest litigation cannot be used as a tool to advance political agendas or convert courts into platforms for electoral positioning.

Court says PIL cannot become a political platform

In its observations, the High Court said the plea appeared aimed at projecting the petitioner as a champion of justice for a specific section, rather than raising substantiated legal concerns. The bench underlined that while political parties are free to engage with voters through democratic means, the judiciary must remain insulated from political campaigns.

The court reiterated that PIL jurisdiction is meant to safeguard public interest and not to be misused for electoral gain or political leverage. It cautioned against attempts to draw the judiciary into political narratives.

Undertrials have legal remedies, says court

In the 15-page order passed on Tuesday, the High Court noted that the undertrial prisoners mentioned in the petition are already facing trial before competent courts. According to the bench, adequate judicial remedies are available to such undertrials to raise grievances related to their detention or place of incarceration.

The court further observed that the failure of the concerned undertrials to approach courts on their own indicated that they may not be genuinely aggrieved by their confinement in prisons outside the Union Territory.

No locus standi, petition dismissed

Dismissing the plea, the High Court held that Mehbooba Mufti was a third-party stranger to the cause and therefore lacked the locus standi to invoke the court’s jurisdiction in this matter. The petition was described as misconceived and was rejected accordingly.

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