‘She has the right to live a free life’: Kerala HC rejects Habeas Corpus of Dr Hadiya’s RSS father

News Network
December 15, 2023

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Kerala High Court has rejected the Habeas Corpus of Dr. Hadiya’s father K M Asoka, who had alleged that he was unable to contact or find out the whereabouts of his daughter.

Justice Anu Sivaraman and Justice C. Pratheep Kumar were part of the division bench which stated that the Habeas Corpus Petition was not acceptable as Dr Hadiya is not under any illegal detention. The bench further asserted that she has her right to live a free life.

The court refused to entertain Asokan’s plea after considering Hadiya’s statement which clarified that she got divorced and married again and was now living in Trivandrum. In support of her statement, she submitted her call records to show that she was in contact with her parents. She has also presented her address and contact details before the Court.

The plea of her father was represented by Advocates C.Rajendran, B.K.Gopalakrishnan and R.S.Sreevidya.

Dr. Akhila converted to Islam in 2017, following which she assumed the name Hadiya. Her father filed a habeas corpus petition in the Kerala High Court then, alleging that she was forcefully converted. The High Court initially nullified the marrage of Hadiya and Shafin Jahan, which took place during the pendency of the petition, by invoking the parens patriae doctrine.

Later in 2018, the Supreme Court upheld “the personal autonomy of a woman to choose her life partner”, and revoked the Kerala High Court order that annulled Hadiya’s marriage with Shafin Jahan. The court emphasised Hadiya’s submission before the Court that she had converted and married on her own free will.

‘My father is a liar’

Recently Dr Hadiya married another Muslim man after ending marriage with first wife through divorce. Like in the first marriage, her father K M Ashokan approached the High Court of Kerala with a habeas corpus petition.

Dr Hadiya (formerly Akhila Ashoka) has lashed out at her father accusing him of "playing the dirty games of the RSS". 

"I was born in December 1991. Today, I am a 32-year-old woman. Tell me how an adult woman should lead her life?" she said.

"Should I give up my life for the RSS? Or should I lead the rest of my life in a room in my father's house? I am asking because I don't know what society expects of me," she said.

"Don't I have the right to live a life of my choice? If I am doing something illegal, lock me up in jail. I don't have any problem," she said.

"But what dirty games the RSS and the RSS-affiliated media are playing! And my parents are playing along," she said.

"Those who are talking of parents' feelings should understand one thing, I am being tortured by parents for a long time," she said.

Dr Hadiya said her father came to her clinic one year ago. "That day, I was out shopping. Won't I have my own needs, requirements, and engagements?" she said.

Her father had said that he approached the High Court after not finding her in the clinic on December 3, and because she went incommunicado. "Whatever he has said is a lie. My father and I were always in contact over the phone. I stopped attending his and my mother's phone calls after he played this dirty game. Two days ago, I attended my mother's call and told her that I was not interested in speaking with her because I lost trust in them," she said.

On her remarriage, she said it need not be a topic of public discussion. "Our Constitution allows us to get divorced and remarry. It normally happens in society. I want to ask why everybody gets irritated when I do it. I want to ask the same of my parents?" she said.

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News Network
November 19,2024

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News Network
November 10,2024

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Mangaluru: A heart-wrenching tragedy unfolded in the quiet Bellayuru village on the outskirts of Mangaluru as a man’s life ended on a railway track following an apparent double murder. Authorities from the Mulki police station identified the man as Karthik Bhat, 32, whose lifeless body was discovered on the tracks with his head positioned on the rail, indicating a tragic suicide.

Nearby, police recovered keys to a scooter and a house, which eventually led them to uncover a series of chilling events. Following the trail, officers located Bhat’s scooter parked near Mahammayi Temple. Inside the vehicle, they found documents confirming his identity, including an RC, insurance papers, and his driving license.

Their search continued to Bhat's home in Pakshikere, Kemral village, where they discovered a locked room. With the keys retrieved from the tracks, police unlocked the door, only to be confronted by a horrifying sight. The bodies of Priyanka (28) and her young son Hriday (4) lay in a pool of blood, pointing to a brutal murder that occurred just hours before Bhat’s suicide.

Initial investigations suggest Bhat, beleaguered by ongoing family disputes, committed the murders of his wife and son on the evening of November 8 before tragically ending his own life. A death note found in his diary hinted at his mental state and tragic intentions.

Priyanka’s family, residing in Shivamogga, was informed of the incident. The couple, married for six years, now leaves behind grieving relatives and unanswered questions. Police have initiated formal proceedings, collecting statements from family members as they continue their investigation into the tragic sequence of events.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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