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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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Karnataka to convene joint legislature session over MGNREGA repeal

The Karnataka government will convene a joint session of the legislature from January 22 to discuss the Centre’s repeal of MGNREGA, triggering sharp criticism from the opposition.

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The Karnataka cabinet on Wednesday decided to convene a joint session of the state legislature from January 22 to January 31, with the Centre’s decision to repeal the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) set to be the key focus.

The Congress-led government had earlier planned a two-day special session to discuss the repeal of MGNREGA, which has been replaced by the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB-G RAM G). However, State Law and Parliamentary Affairs Minister H K Patil said the plan was altered due to constitutional provisions.

Briefing reporters, Patil said the government was compelled to convene a joint session instead of a special session because of a technical requirement. Citing Article 176 of the Constitution, he explained that the Governor must address the first session of the state legislature every year.

“As a result of this technical reason, we are advancing the session. Instead of a special session, it will be a joint session,” Patil said, adding that holidays during the session would be announced by the Speaker.

He stressed that the state government would not remain silent if people’s rights were “snatched away” and said the objective of the session was to create public awareness and exert pressure on the Centre to restore MGNREGA.

Opposition questions intent of the session

Leader of Opposition in the Karnataka Assembly R Ashoka strongly criticised the decision, alleging that the joint session was convened with a “malafide intention” and amounted to a “sheer waste of money”.

Addressing a press conference, Ashoka said legislative sessions were meant for law-making and discussions on governance issues, questioning the purpose of holding a session on a matter decided by the Centre.

“What is this session convened for? Is it to utter gibberish in the House? There is no use of this session,” he said, adding that any resolution passed by the Assembly would have no practical value and would be ignored.

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Centre urges Indians to leave Iran amid worsening security situation

India has advised its citizens to leave Iran and avoid travelling to the country as nationwide protests intensify and the security situation continues to deteriorate.

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unrest in iran

India on Wednesday asked all its nationals currently in Iran to leave the country using available commercial means, citing a sharp deterioration in the security situation amid widespread anti-government protests and a heavy crackdown by authorities.

The government has also issued a strong advisory urging Indians to avoid travelling to Iran until further notice.

Advisory issued for Indian nationals in Iran

In a fresh advisory, the Indian Embassy in Iran said Indian citizens, including students, pilgrims, businesspersons and tourists, should leave Iran by available modes of transport, including commercial flights.

The embassy further advised Indian nationals and persons of Indian origin to exercise extreme caution, avoid areas witnessing protests or demonstrations, stay in regular contact with the embassy, and closely monitor local developments through official channels and local media.

Separately, the Ministry of External Affairs reiterated its warning, strongly advising Indians against travelling to Iran in view of the evolving situation. Earlier this month, the ministry had already asked citizens to avoid non-essential travel and urged those residing in Iran to remain cautious.

Protests spread nationwide

The unrest in Iran began late last month in Tehran after the Iranian currency, the rial, fell to record lows. What started as protests over economic hardship has since expanded into a broader movement demanding political change.

The demonstrations have now spread across all 31 provinces of the country, with the overall situation deteriorating significantly in recent days.

According to reports cited by media, the death toll from the nationwide protests has crossed 2,500, reflecting the scale and intensity of the ongoing crackdown.

Rising regional tensions

The developments in Iran have also contributed to heightened tensions in West Asia. The situation escalated further after the US president warned Tehran against the use of force on demonstrators and hinted at possible military action.

In a message addressed to protesters, the US president said that “help is on the way,” adding to the growing international pressure surrounding the crisis.

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Abhishek Banerjee presents alleged dead voters at poll rally, attacks EC over SIR

Abhishek Banerjee displayed 10 people allegedly marked as dead in Bengal’s draft electoral rolls, accusing the Election Commission and BJP of undermining voting rights through the SIR exercise.

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Abhishek Banerjee

Trinamool Congress MP Abhishek Banerjee on Tuesday intensified his attack on the Election Commission and the BJP-led Centre, presenting 10 people at a public rally who were allegedly marked as dead in the draft electoral rolls during the ongoing Special Intensive Revision (SIR) exercise in West Bengal.

Addressing the gathering in Cooch Behar, the Trinamool national general secretary called the individuals on stage and claimed they had been wrongly declared deceased despite being residents of the district since birth. He alleged that their names were struck off the electoral rolls during the SIR process.

Banerjee accused the Election Commission of acting under political influence and said the ongoing exercise was effectively depriving citizens of their fundamental right to vote.

Allegations over voter list revision

The Diamond Harbour MP claimed that around 3.5 lakh residents of Cooch Behar district alone have received notices citing logical discrepancies during the SIR process. He urged Trinamool workers to ensure that all affected individuals are re-included in the voter list.

Banerjee also alleged that the EC was focusing on removing names from electoral rolls instead of safeguarding democratic participation. He claimed that anxiety related to the SIR exercise had led to the deaths of around 78 people in the state.

Earlier this month, Banerjee had presented three individuals at another rally in South 24 Parganas district, alleging that they too had been marked as dead voters in the draft rolls.

Attack on BJP over unfulfilled promises

Targeting the BJP-led Centre, Banerjee accused the ruling party of failing to fulfil electoral promises made to the people of Cooch Behar since 2014. He cited commitments related to the formation of the Narayani battalion, a training centre named after warrior Chilarai, international status for the Madan Mohan temple, and the upgradation of Cooch Behar airport.

He also claimed that the 9-seater aircraft service between Cooch Behar and Kolkata, introduced in February 2023, is likely to be discontinued by the end of the month, alleging neglect by the Centre.

Assembly polls and political messaging

Calling on voters to back Trinamool candidates in all nine assembly seats in Cooch Behar district, Banerjee said the upcoming assembly elections would be a contest between the people of Bengal and the BJP. In the 2021 assembly elections, the BJP had won six seats in the district, while Trinamool secured three.

He thanked voters for defeating former Union minister Nisith Pramanik in the 2024 Lok Sabha elections and asserted that the Trinamool Congress would return to power in West Bengal for a fourth consecutive term under Chief Minister Mamata Banerjee.

Banerjee also criticised recent central agency actions in the state and accused the BJP leadership of insulting Bengal’s cultural and political legacy. He further alleged excesses by border forces against farmers working near the India-Bangladesh border and objected to NRC notices allegedly being sent to some residents of Cooch Behar.

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