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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]

2024 Lok Sabha Elections

Farooq Abdullah accuses PM Modi of trying to divide the country over religion

Faroukh Abdullah reacted to PM Modi’s remark that the Congress will redistribute people’s money and property to Muslims if voted to power and said Muslims respect all religions. He said that they are Muslims and Allah has told them to respect other religions. He further added that a Muslim cannot snatch anyone’s right.

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Farooq Abdullah, Jammu and Kashmir’s National Conference President said on Wednesday that Prime Minister Narendra Modi was trying to divide the country over religion. He also said that those who will vote for them must prepare for hell. Farooq Abdullah said Muslims cannot snatch away the rights of others.

Farooq Abdullah also called Prime Minister Narendra Modi-led government a threat to the survival of the country. Omar Abdullah, former Jammu and Kashmir chief minister cautioned the people not to divide this country on the basis of religion, otherwise a storm will unleash making the survival of the nation difficult. He said it is better to talk about uniting the country, instead of dividing its people.

He was addressing an election rally in Thanamandi area of the Rajouri district in Jammu and Kashmir. The Anantnag parliamentary constituency will go for elections on May 25. Faroukh Abdullah reacted to PM Modi’s remark that the Congress will redistribute people’s money and property to Muslims if voted to power and said Muslims respect all religions. He said that they are Muslims and Allah has told them to respect other religions. He further added that a Muslim cannot snatch anyone’s right.

He remembered an incident when former Prime Minister Rajiv Gandhi once stopped his car in Pulwama and assured a poor Hindu woman that he would give her a mangalsutra as she could not afford it. Farooq Abdullah said those who were against the INDIA bloc are against the nation.

Prime Minister Narendra Modi had earlier sparked a controversy last month as he commented that the Congress would take away the hard-earned money of the masses and distribute them among infiltrators and those with many children.  Speaking at a rally today, the Prime Minister took a jibe at the Congress and said the governments in the past were not able to implement the Indian Constitution in Jammu and Kashmir. He was referring to the revocation of Article 370.

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Karnataka CM Siddaramaiah writes to PM Modi, urges home ministry to cancel diplomatic passport of Prajwal Revanna

CM Siddaramaiah wrote in the letter to PM Modi that he must be aware of the serious case of alleged sexual exploitation of a number of women by the sitting Hassan Lok Sabha member of Parliament (MP) and the NDA candidate, Prajwal Revanna, for the same constituency for the  ongoing 2024 Lok Sabha elections.

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Karnataka Chief Minister Siddaramaiah on Wednesday wrote to Prime Minister Narendra Modi, where he urged the Home Affairs Ministry to cancel the diplomatic passport of Prajwal Revanna. Earlier a day before Revanna was suspended by JD(S) amid a row over explicit videos. Revanna is believed to have escaped to Germany shortly after the first phase of elections ended in Karnataka on April 26, in which he was JD(S)-BJP’s candidate from Hassan.

CM Siddaramaiah wrote in the letter to PM Modi that he must be aware of the serious case of alleged sexual exploitation of a number of women by the sitting Hassan Lok Sabha member of Parliament (MP) and the NDA candidate, Prajwal Revanna, for the same constituency for the  ongoing 2024 Lok Sabha elections.

The Karnataka Chief Minister wrote in letter that the Congress government in Karnataka has constituted a Special Investigation Team to investigate the allegations against Revanna. The SIT is working day and night to investigate the allegations of crimes against several women by Prajwal Revanna and getting him back to the country is of utmost importance so that he faces investigation and trial as per the existing law of the land.

Siddaramaiah urged PM Modi to move the Home Ministry to take swift action to cancel the diplomatic passport of Prajwal Revanna and appropriate action must be taken using diplomatic and police channels of the Government of India as well as international police agencies to ensure the swift return of the absconding member of parliament to face the existing law of the land.

Suspended JD(S) leader Prajwal Revanna, accused of sexually assaulting multiple women, broke his silence on Wednesday and said that truth will prevail soon. In his first response since the controversy erupted, Prajwal Revanna said on X that he is not in Bengaluru currently and has communicated the same to CID.

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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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