‘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 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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News Network
November 11,2024

Mangaluru: Six youths including teenagers have been arrested by the Bantwal Rural Police in connection with a brutal assault on 21-year-old Aboobakar (name changed to hide identity), an incident that was widely shared on social media after footage revealed the victim tied to a pole and violently beaten.

The arrested individuals, all from Kanchinadkapadavu, Sajipanadu village in Ullal Taluk, have been identified as Mohammad Sapwan (25), Mohammad Rizwan (25), Irfan (27), Anis Ahmad (19), Nasir (27), and Shakeer (18). According to police reports, the assault took place on November 7 in Kanchinadkapadavu.

The sequence of events began when Aboobakar was reportedly called to a residence in Kanchinadkapadavu by a female relative. Upon his arrival, he was confronted by the accused, who questioned his presence, tied him to a pole with ropes, and attacked him while he was shirtless. 

Aboobakar managed to file a police complaint the following day, detailing the assault. As his injuries worsened, he was admitted to a private hospital in Mangaluru.

While in the hospital, Aboobakar alleged that his attackers intended to kill him during the assault. This statement led to additional charges of attempted murder being filed. 

Police officials stated that the suspects were subsequently apprehended, charged with group assault and attempted murder, and placed in judicial custody. The investigation is ongoing, and further details are awaited.

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News Network
November 21,2024

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The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister of military affairs Yoav Gallant over war crimes against Palestinians in the Gaza Strip.

The court’s Pre-Trial Chamber I issued warrants of arrest for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest”, it confirmed in a statement Thursday.

It is the first instance in the court's 22-year history it has issued arrest warrants for Western-allied senior officials.

In its statement, the ICC's Pre-Trial Chamber I, a panel of three judges, said it has rejected appeals by Israel challenging its jurisdiction. 

The chamber said it has decided to release the arrest warrants because "conduct similar to that addressed in the warrant of arrest appears to be ongoing", referring to Israel's ongoing onslaught on Gaza.

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

All 124 states that signed the Rome Statute, the treaty that established the court, are now under an obligation to arrest the wanted individuals and hand them over to the ICC in the Hague. 

The court relies on the cooperation of member states to arrest and surrender suspects. The Netherlands' foreign minister quickly said his country was prepared to enforce the warrants while 93 nations earlier reiterated their support for the ICC.

Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, called the warrants "a historic decision".

He noted that the court had endured "pressure and threats of sanctions" from the US government, but acted nonetheless.

As expected, the Tel Aviv regime rejected the rulings, with its security minister Itamar Ben Gvir calling the warrants “anti-Semitic through and through.”

The ICC said Israel’s acceptance of the court’s jurisdiction was not required.

Israel and its major ally, the United States, are not members of the court. 

Israel unleashed its bloody Gaza onslaught on October 7, 2023. So far, it has killed at least 43,985 Palestinians, mostly women and children, and injured 104,092 others, according to the Gaza Health Ministry.

Israel faces an ongoing South Africa-led genocide case at the International Court of Justice (ICJ).

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