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A study: Two division benches of the same court, two decisions on similar cases

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Hadiya

[vc_row][vc_column][vc_column_text]‘Love Jihad’ has been an issue that has been manufactured by extreme right wing activists in the recent past, targeting inter-faith marriages. The target of such fringe hoodlum groups have been to show that Hindu girls (or even Christian girls) are being lured into marriage by Muslim youths, with the idea of involving them in terrorist activities. One such case – commonly known as the Hadiya case – has become famous. This case originated from a division bench of the Kerala High Court.

An almost identical case has arisen in the same court, handled by a different division bench.

Without comment, it would be interesting to see how the two benches have handled the cases.

First, the original Hadiya case

Hadiya , then K M Akhila, was a homeopathy student in Malappuram before she married Shefin Jahan on December 19 last year. They got introduced through a Muslim matrimonial website in August 2016. Two days after their wedding, Hadiya was asked to appear before the Kerala High Court in a habeas corpus petition filed by her parents. Her parents had approached the court alleging forceful conversion.

The court then granted Hadiya’s custody to her father KM Asokan and also directed the Kottayam district police superintendent to provide them protection. The High Court had annulled the marriage on May 24.

Hadiya, then 25, was not happy. Jahan, 27, challenged the high court verdict in the Supreme Court. On August 10, the Supreme Court asked the National Investigation Agency to look into this. That Supreme Court bench was headed by the then Chief Justice J S Khehar.

The top court also ordered the formation of a committee under the chairmanship of former SC judge Justice RV Raveendran. However, Raveendran had refused to head the committee.

Despite Hadiya being an adult, the high court had maintained that the girl was “weak and vulnerable” and susceptible to exploitation, and that “marriage being the most important decision in her life, can also be taken only with the active involvement of her parents.”

The other case

Now the other love jihad case, handled by another division bench of the same court.

On Thursday (October 19) this bench slammed the various religious groups’ campaign against what they call ‘Love Jihad’. The court bench said: “Every case of inter-religious marriage shall not be portrayed on a religious canvas and create fissures in the communal harmony otherwise existing in God’s own country Kerala”.

This division bench, comprising Justices V Chitambaresh and Satish Ninan said this in case – another habeas corpus petition – filed by Anees Hameed, a 25-year-old from Kannur, who was seeking the release of his wife Sruthi Meledath from her family’s custody. This bench ruled that Sruthi be allowed to stay with Hameed and dismissed the woman’s parents’ petitions, as well as a helpline run by a Christian group that wanted to implead itself in the case.

The court said it will “protect the individual liberty of even the lowest citizen of this country and unlock the doors of freedom if there is a faintest doubt that she is unlawfully confined or illegally detained.”

Like Hadiya, Sruthi too had stated in court that after the marriage her family had forcibly kept her away from her husband. Sruthi had been confined to Siva Sakthi Yoga Vidya Kendram near Kochi, which reportedly helps “reconvert” Hindu women who have embraced other religions.

In this case the court’s observations are critical. The bench said: “We are appalled to notice the recent trend in the state to sensationalise every case of inter-religious marriage as either love jihad or ghar wapsi. Disturbing news is coming from several parts of the country that young men and women who undergo inter-caste marriages are threatened with violence or violence is actually committed on them.

“In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country and once a person becomes a major, he or she can marry whosoever he or she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage, the maximum they can do is that they can cut off social relations with the son or the daughter. But they cannot give threats or commit or instigate acts of violence, and cannot harass the person who undergoes such inter-caste or inter-religious marriage,’’ the bench said.[/vc_column_text][/vc_column][/vc_row]

India News

Telegram CEO Pavel Durov criticises India restriction, says leak networks shifted to other apps

Telegram founder Pavel Durov has responded to India’s temporary restriction on the platform ahead of the NEET-UG 2026 re-examination, arguing that the move affected ordinary users without stopping alleged leak networks.

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Telegram founder and CEO Pavel Durov has criticised India’s decision to temporarily restrict access to the messaging platform, arguing that the move failed to curb alleged exam leak operations and instead affected millions of legitimate users.

The restriction was imposed ahead of the NEET-UG 2026 re-examination as authorities sought to prevent the spread of leaked exam-related material and disrupt networks allegedly involved in malpractice.

In a public response, Durov said the action had inconvenienced a large number of users across India while those responsible for sharing leaked content had simply migrated to alternative platforms.

According to Durov, restricting access to Telegram did not eliminate the problem authorities were trying to address. He claimed that groups involved in distributing exam-related leaks quickly shifted their activities elsewhere, raising questions about the effectiveness of platform-specific restrictions.

The temporary curbs were announced by the government in the lead-up to the NEET-UG re-test scheduled for June 21. Officials said the move was aimed at safeguarding the integrity of the examination process following concerns about the circulation of leaked material online.

The restriction is currently expected to remain in place until June 22.

Durov also stressed that millions of Indian users rely on Telegram for communication, education, business activities and community engagement. He argued that measures targeting an entire platform can have wider consequences for users who have no connection to alleged wrongdoing.

The government’s action came amid broader efforts to prevent cheating and malpractice in competitive examinations. Authorities have been closely monitoring digital platforms and messaging services after reports that exam-related content was being circulated through online channels.

The debate has sparked discussions about how governments and technology platforms should balance examination security with access to digital communication services. While officials maintain that strong measures are necessary to protect the fairness of high-stakes examinations, critics argue that restrictions on entire platforms may not effectively stop determined offenders.

For now, Telegram remains at the centre of the discussion as authorities continue efforts to ensure a fair and secure conduct of the NEET-UG 2026 re-examination.

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India News

Telegram restricted ahead of NEET-UG re-exam, NTA backs move to curb exam fraud

NTA has welcomed the Centre’s decision to temporarily restrict Telegram ahead of the NEET-UG 2026 re-examination, citing the need to prevent fraud and misinformation.

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NEET

The Centre has imposed temporary restrictions on messaging platform Telegram ahead of the NEET-UG 2026 re-examination, with the National Testing Agency (NTA) welcoming the decision as part of efforts to prevent exam-related fraud and misinformation.

The temporary curbs will remain in place until June 22, a day after the NEET-UG re-exam scheduled for June 21. Authorities said the action was taken following concerns that the platform was being misused by cheating networks and individuals circulating misleading claims related to the examination.

NTA says move aimed at protecting exam integrity

According to the NTA, the restrictions are intended to safeguard candidates from fraudulent activities and false information that could affect the fairness of the examination process. The agency stated that maintaining the integrity of the re-examination remains a priority as lakhs of students prepare to appear for the test.

The NEET-UG re-exam is being conducted after the original examination was cancelled amid allegations of question paper leaks and irregularities. Since then, authorities have been monitoring online platforms for suspicious activity and misleading content targeting candidates.

Restrictions linked to concerns over fake paper leak claims

In recent weeks, several reports surfaced about Telegram channels allegedly offering access to leaked examination papers. The NTA had repeatedly advised students not to trust such claims and referred suspicious links and posts for verification by cybercrime authorities. No official confirmation of any genuine leaked re-exam paper had been issued.

Authorities believe the temporary restrictions will help limit the spread of fake content and reduce opportunities for organised exam fraud in the days leading up to the re-test.

Wider efforts to secure the re-examination

The government and examination authorities have introduced several measures ahead of the re-exam, including monitoring social media platforms and creating channels for reporting suspicious claims related to NEET-UG 2026. The NTA has also urged candidates to rely only on official communications for updates regarding the examination.

With the re-examination approaching, officials say the latest action is part of a broader effort to ensure a fair and transparent process for all candidates.

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Abhishek Banerjee says will not bow to BJP after nearly 11 hours of ED questioning

After spending nearly 11 hours before the Enforcement Directorate, TMC leader Abhishek Banerjee said he would not bow to the BJP and accused the ruling party of using investigative agencies for political purposes.

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Abhishek Banerjee

Trinamool Congress leader and Diamond Harbour MP Abhishek Banerjee on Tuesday said he would not bow to the BJP after spending nearly 11 hours being questioned by the Enforcement Directorate (ED) in connection with an ongoing investigation.

Speaking after the questioning, Banerjee alleged that central agencies were being used to target opposition leaders and asserted that he would continue his political fight despite what he described as sustained pressure.

The TMC leader has repeatedly maintained that investigations involving him are politically motivated, a charge he has made on several previous occasions while appearing before central agencies.

His appearance before the ED comes amid a period of heightened political activity and multiple investigations involving leaders in West Bengal. Recent days have also seen Banerjee face summons and questioning in separate matters by state investigative agencies.

After leaving the ED office, Banerjee reiterated that he would not be intimidated and said he remained committed to his political responsibilities. He also accused the BJP of attempting to weaken opposition parties through investigative action, an allegation that the BJP has rejected in the past.

The Enforcement Directorate has not publicly commented on Banerjee’s remarks. The investigation related to the questioning remains ongoing.

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