‘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 10,2024

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Mangaluru: A tragic accident took place on Saturday at Chembugudde near Thokkottu, claiming the life of a 47-year-old woman after a tanker lorry ran over her. The victim, identified as Rahmat H Rashid, was riding pillion with her husband, Abdul Rashid G, on their scooter. 

The couple was traveling from Yenepoya Hospital to Bajpe when the scooter skidded on the poorly maintained road. Rahmat fell onto the road and was fatally struck by a tanker lorry that was coming from behind. Despite being rushed to the hospital, doctors declared her dead upon arrival.

The incident prompted a swift response from the DYFI Ullal Taluk Committee, which staged a protest on Saturday night, condemning the unsafe condition of the road. Nithin Kuthar, president of the committee, criticized MLA and Legislative Assembly Speaker UT Khader for failing to ensure safe infrastructure, despite touting the road as toll-free. 

Kuthar demanded immediate repairs, warning that the committee would march to the MLA’s office with black flags if the road is not fixed within a week.

Former DYFI State President Sunil Kumar Bajal also voiced frustration over the deteriorating condition of Thokkottu market, highlighting the struggles people face while crossing roads riddled with dangerous potholes. In response to public outcry, temporary repairs were made to the road at Chembugudde on Sunday, though locals remain wary and demand a more permanent solution. 

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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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News Network
November 10,2024

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The media office in the Gaza Strip, where the Israeli regime has been waging a genocidal war since last October, says as many as 188 Palestinian journalists have been killed since the onset of the brutal military onslaught.

The office provided the figure on Saturday, naming four journalists as the most recent victims of the onslaught.

It identified the foursome as Zahraa Mohammad Abu Sukheil, Ahmad Mohammad Abu Sukheil, Mustafa Khadr Bahar, and Abdel Rahman Khadr Bahar.

The office said it “strongly condemns the targeting, killing, and assassination of Palestinian journalists by the Israeli occupation and holds it fully responsible for committing this heinous crime.”

“We call on the international community, international organizations, and those involved in journalistic work worldwide to take action against the occupation, pursue it in international courts for its ongoing crimes, and pressure it to halt the genocide and the targeted killings of Palestinian journalists,” it said.

Earlier in the day, the office said the Israeli regime had bombed the tents sheltering journalists and displaced persons at the al-Aqsa Martyrs' Hospital in the city of Deir al-Balah in central Gaza for the ninth consecutive time.

The atrocity that claimed the lives of two people and injured 26 others came as part of “the genocidal crimes committed by the Israeli occupation army against hospitals, civilians, and displaced persons,” it said.

The media office held the regime and the United States, its biggest ally, as well as other countries aiding the genocide fully responsible for such systematic crimes.

At least 43,552 Palestinians, mostly women and children, have been killed and 102,765 others wounded since the launch of the war that followed a retaliatory operation by Gaza’s resistance groups.

The fatalities include 44 people, who were killed across the coastal sliver, in the most recent phase of the military onslaught.

As many as 24 of the victims were killed in the northern part of the territory, where the regime has markedly intensified its deadly attacks for weeks.

They included an eight-year-old child and a five-year-old one, who lost their lives after Israeli warplanes targeted a group of minors filling up jerry cans with water alongside their mother at the Jabalia Refugee camp.

Gaza’s heath ministry, meanwhile, said a number of victims remained under the rubble and in the streets following Israeli airstrikes, saying ambulances and civil defense teams could not reach them due to the sheer extent of the destruction caused by the raids and obstruction caused by the regime.

Also on Saturday, the Integrated Food Security Phase Classification (IPC) report, a United Nations-backed assessment, warned that famine was looming in northern Gaza amid escalated Israeli aggression and the regime’s near-total siege of the targeted areas.

The alert from the Famine Review Committee warned of "an imminent and substantial likelihood of famine occurring, due to the rapidly deteriorating situation in the Gaza Strip."

On October 17, the body projected that the number of people in Gaza facing "catastrophic" food insecurity between November and April 2025 would reach 345,000, or 16 percent of the population.

The IPC report classified that figure as Phase 5 -- a situation when "starvation, death, destitution, and extremely critical acute malnutrition levels are evident."

The Israeli military, however, questioned the report's credibility.

"To date, all assessments by the IPC have proven incorrect and inconsistent with the situation on the ground," the army said in a statement, denouncing "partial, biased data and superficial sources with vested interests."

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