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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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PM Modi accuses Congress of anti-Sikh bias over Rahul Gandhi’s ‘traitor’ remark

Prime Minister Narendra Modi accused Rahul Gandhi of targeting BJP MP Ravneet Singh Bittu with a ‘gaddar’ remark because of his Sikh identity while speaking in the Rajya Sabha.

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PM Modi

Prime Minister Narendra Modi on Wednesday launched a sharp attack on Leader of the Opposition Rahul Gandhi, alleging that his “traitor” remark against BJP MP Ravneet Singh Bittu reflected the Congress party’s animosity towards the Sikh community.

The Prime Minister made the remarks in the Rajya Sabha while replying to the motion of thanks on the President’s address. Referring to an incident in the Parliament complex a day earlier, Modi said Gandhi’s comment had crossed all limits of political decency.

The controversy stems from a protest by suspended Opposition MPs, during which Ravneet Singh Bittu — a former Congress leader who joined the BJP ahead of the 2024 Lok Sabha elections — allegedly made a remark suggesting the protesters were behaving as if they had won a war.

In response, Rahul Gandhi was heard saying, “A traitor is walking by, look at his face,” before approaching Bittu and extending his hand. Gandhi then reportedly added, “Hello, brother. My traitor friend. Don’t worry, you will come back.”

Bittu refused to shake hands with the Congress leader and instead described him as an “enemy of the country” before walking away from the scene.

While the Congress later clarified that Gandhi’s remark was aimed at Bittu for leaving the party, the BJP seized upon the comment, calling it an insult to the Sikh community. Protests were subsequently held by members of the Sikh community outside the Congress headquarters and at other locations.

Addressing the House, Prime Minister Modi said that many leaders had quit the Congress in the past and that the party itself had split multiple times, but none of those leaders had been labelled a traitor. “He called this MP a traitor because he is Sikh,” the Prime Minister alleged, as treasury bench members raised slogans condemning the remark.

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Manipur Assembly to meet at 4 pm today, floor test likely under new chief minister

The Manipur Legislative Assembly will convene at 4 pm today, with a floor test likely as the new chief minister seeks to prove his majority in the House.

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Manipur assembly

The Manipur Legislative Assembly will convene at 4 pm on Thursday in Imphal, a day after Yumnam Khemchand Singh was sworn in as the chief minister. A floor test is likely to be held on the first day of the session to establish the majority of the newly formed government.

In the 60-member Assembly, the BJP holds 37 seats, while its ally National People’s Party has six members, giving the ruling combine a clear majority in the House.

Singh chaired the first Cabinet meeting of his government late Wednesday evening, shortly after taking oath as the 13th chief minister of Manipur. The meeting marked the formal start of administrative functioning under the new Council of Ministers.

His appointment came nearly a year after the resignation of former chief minister N Biren Singh, who stepped down following months of ethnic violence between the Meitei and Kuki communities in the state.

After taking oath, Singh thanked Prime Minister Narendra Modi and said he would work with “utmost diligence to advance development and prosperity in Manipur,” aligning the state’s efforts with the vision of Viksit Bharat.

He said the government’s focus would be on inclusive economic growth while preserving Manipur’s cultural heritage, adding that he would discharge his responsibilities with sincerity and dedication, mindful of the trust placed in him.

The summoning of the 12th Manipur Legislative Assembly by Governor Ajay Kumar Bhalla, along with the first Cabinet meeting, signals the resumption of legislative and administrative processes in the state, officially bringing President’s rule to an end.

The sixth session of the 12th Manipur Legislative Assembly was last held from July 31 to August 12, 2024.

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PM Modi skips Lok Sabha reply as protests force repeated adjournments

PM Modi did not deliver his Lok Sabha reply today after sustained Opposition protests led to repeated adjournments over a dispute involving Rahul Gandhi’s proposed speech.

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PM Modi

Prime Minister Narendra Modi did not deliver his scheduled reply to the Motion of Thanks on the President’s address in the Lok Sabha today after sustained Opposition protests led to multiple adjournments of the House.

The disruption followed an escalation of tensions linked to Congress leader Rahul Gandhi’s proposed speech and the suspension of eight Opposition MPs a day earlier. The situation worsened after remarks made by BJP MP Nishikant Dubey during the proceedings.

Dispute over references to books sparks fresh ruckus

The controversy intensified when Nishikant Dubey responded to Rahul Gandhi’s demand to speak on national security and references to the unpublished memoirs of former Army chief General MM Naravane. Dubey said that while Gandhi wanted to quote from an unpublished book, he himself had brought several books that, according to him, made claims about the Gandhi family.

As Dubey began listing these books and their contents, strong protests erupted from Opposition members. Krishna Prasad Tenneti, who was presiding over the House at the time, cited Rule 349, which restricts members from reading out books, newspapers, or letters unless directly related to parliamentary business. Despite repeated warnings, the matter remained unresolved, leading to another adjournment.

Rahul Gandhi accuses government of silencing debate

Earlier in the day, Rahul Gandhi alleged that he was being prevented from speaking on an issue of national importance. He claimed the government was uncomfortable with references to General Naravane’s memoirs, which he said discussed the handling of the 2020 China border crisis.

In a social media post, Gandhi said he intended to present the Prime Minister with a book authored by the former Army chief, adding that some cabinet ministers had even questioned the existence of the book. He also wrote to Lok Sabha Speaker Om Birla after the suspension of eight Opposition MPs, alleging that parliamentary debate was being curtailed.

After it became clear that the Prime Minister would not speak in the House today, Gandhi posted that PM Modi had avoided Parliament because he was “scared” to face the truth. Congress MP Priyanka Gandhi Vadra echoed the allegation, claiming the Prime Minister was unwilling to enter the House.

Proceedings disrupted throughout the day

Lok Sabha proceedings were first adjourned until 2 pm amid loud protests over the issue linked to Naravane’s memoirs. Even after the House reconvened, disruptions continued, preventing normal business from resuming.

Later, Congress MPs staged a demonstration outside the Parliament complex, demanding that Rahul Gandhi be allowed to speak on the President’s address.

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