Supreme Court orders NIA probe into Hindu girl’s conversion to Islam

coastaldigest.com web desk
August 16, 2017

New Delhi, Aug 16: The Supreme Court on Wednesday ordered a National Investigation Agency (NIA) probe into the plea of a Muslim man whose marriage with a Hindu convert Muslim woman (Akhila alias Hadiya) was annulled by the Kerala High Court as per the request of her Hindu parents.

A bench of Chief Justice of India Jagdish Singh Khehar and justice DY Chandrachud ordered NIA to launch a probe into the conversion and marriage of the girl, who was known as Akhila but converted to Islam and changed her name to Hadiya, to a Muslim man, Shafin Jahan. The marriage had taken place in 2016.

Justice RV Ravindran, a retired judge of the apex court, will supervise the investigation.

The Kerala HC on May 25 had declared as "null and void," the marriage of 24-year-old Hadiya who had renounced Hinduism and embraced Islam on her own will. However, the court had described the case as an instance of 'love jihad' and ordered the state police to conduct probe into such cases.

In its earlier hearing, the apex court had termed the case as "serious" and "sensitive". The bench had asked the NIA and father of the woman to give all the materials in their possession to the court.

"These are very sensitive issues.. It's a serious matter... You give us all the materials you have," the apex court had told them.

"Issue notice. Madhvi Divan, advocate... on behalf of respondent number one (father) seeks a week's time, so as to enable her to place material on the record of this case. Prayer is allowed. Needful be done within one week from today," the bench said.

The woman's husband, Shafin Jahan, has filed a plea challenging the HC order saying it was an "an insult to the independence of woman in India".

Advocate Madhvi Divan, appearing for Hadiya's father, said she was a "helpless victim" trapped by a "well-oiled racket" which used "psychological measures" to indoctrinate people and convert them to Islam.

The lawyer went on to claim that Jahan was a criminal and Akhila was trapped by a network with connections to Popular Front of India and even the Islamic State. However, the lawyer did not provide any proof for his claim.

Background

Ashokan Mani, an ex-serviceman filed Habeas Corpus petition before the Kerala High Court on January 25, 2016 when he found that his daughter Akhila (now Hadiya) was missing from the campus she studied. Akhila was a student of the Bachelor of Homeopathic Medicine and Surgery course in Salem.

In his petition, Ashokan alleged that his daughter was forcibly converted to Islam and sought the help of the court to find her. Ashokan named two of Akhila's classmates Jaseena Aboobaker and her sister Faseena - residents of Perinthalmanna - as the persons behind her disappearance from the campus under mysterious circumstances.

Ashokan said in his petition that Akhila and eight other friends including Jaseena and Faseena were staying in a rented house near their college in Salem. They used to visit her friends' home in Perinthalmanna during holidays.

Daughter was afraid of Hindu father

Ashokan mentioned in his petition that he noticed some behavioural changes in her daughter when came home to attend her grandfather's funeral in December 2015. Ashokan said that Akhila was not ready to perform Hindu rituals.

On January 6, 2017 Ashokan received a phone call from the father of one of Akhila's classmate informing him that his daughter was seen wearing veil and that she was converted to Islam.

The news was a shock to Ashokan. Family members passed information to Akhila that her father suffered a mild heart attack because of her. However, she was not ready to visit father as she was afraid that he may not allow her to follow Islam.

Father’s allegation and daughter’s clarification

Ashokan later told police that Akhila had informed him that she was being forcibly held by people including Jaseena and Aboobacker.  Ashokan claimed in his petition that those people were engaged in forcible conversion of vulnerable youths of other faiths.

On the complaint by Ashokan, police began probe. Hadiya was found but she submitted an affidavit before Perinthalmanna police that she was following Islam since 2012 and had willingly left her home. She rubbished the allegation made by her father and family members.

Hadiya told the police officials that she joined a course run by Tharbiathul Islam Sabha, Kottackal in Malappuram to learn Islam and shifted her residence to Satyasarani in Manjery - an Islamic Institution.

According to her affidavit, Hadiya stayed in Aboobacker's home for a brief period. Hadiya later shifted to Satyasarani's hostel for girls and completed her course. Satyasarani introduced her to Sainaba from Ernakulam and started staying with her after her father filed Habeas Corpus petition.

First order of high court

Hadiya told the court that she was not under any illegal confinement against her free will. She also told the court that she was not willing to go to her father's house. She insisted that she wanted to pursue her Islamic studies at Satyasarani.

In June last year, the Kerala High Court allowed Hadiya to stay with Sainaba. Later Hadiya informed the court that she had taken admission in Satyasarani and produced records of her admission in the religious institution. Consequently, Kerala High Court dismissed the Habeas Corpus petition filed by Ashokan Mani.

Father introduces ‘terror’ angle

The June 2016 order of the Kerala High Court should have been the end of the matter. But, ex-soldier Ashokan Mani decided to file habeas corpus petition. Ironically, this time he raised terror angle!

Ashokan alleged that her daughter was converted to Islam at the behest of the ISIS. He feared that Hadiya might be taken out of India to join the ranks of Islamic State in Afghanistan.

Ashokan mentioned about two separate cases of women vanishing from Kerala allegedly to join the ISIS terrorists in Afghanistan after they were converted to Islam and married to Muslim men.

Twists and Turns

The Kerala High Court, at first, was not impressed with the reference to the ISIS. The court asked Ashokan's lawyer CK Mohanan to delete the reference to the ISIS in his petition as it was irrelevant.

But, Mohanan was insistent and argued that Kerala police were investigating a case of missing 21 persons from the state. They are suspected to have been taken to Afghanistan. A heated exchange took place in the open court between the lawyers and the bench.

Justices PN Ravindran and Justice Dama Seshadri Naidu slapped ordered contempt proceedings against lawyer Mohanan in 2016. The court pronounced him guilty in the case and sentenced him to three months imprisonment and also imposed a fine of Rs 1,000.

Ashokan assured the court that he would not engage Mohanan in future. The high court shifted Hadiya from the custody of Sainaba to SNV Sadanam, Ernakulam - a ladies' hostel.

Meanwhile, Hadiya got married to Shafeen Jahan of Kollam in December last year. The matter came up in January this year before the Kerala High Court, which was hearing the second Habeas Corpus writ filed by Ahokan.

Hadiya produced marriage certificate issued by Puthur Juma Masjid in Malappuram and marriage registration certificate by local panchayat authorities. But, the Kerala High Court has declared both the marriage and the certificates as invalid.

Why HC nullified wedding?

The court in its judgment said that the marriage was done by strangers and her parents did not participate in the function.

"Marriage being the most important decision in her (Hadiya’s) life can only be taken with the active involvement of her parents," the Kerala High Court observed.

"The marriage, which is alleged to have taken place, is a sham and is of no consequence in the eye of law. Her husband has no authority to act as the guardian,'' the court further remarked.

The Kerala High Court also directed the State Police Chief to conduct departmental inquiry against Perinthalmanna Deputy Superintendent of Police for not investigating the case properly and take appropriate action.

The court verdict said that investigation should also be carried out about the activities of Sathyasarani, a renowned Islamic educational institution at Manjeri regarding conversion of religion.

The court also had ordered an investigation into whether there was any breach on the part of the officer who had investigated the case earlier. It is to be noted that the investigating officer appointed by the same court had categorically said that the complainant’s claims were baseless.

Comments

Ahmed
 - 
Thursday, 17 Aug 2017

Her Father and many like him have fallen to the mind wash of the media... We request the father to read the QURAN once in your life time or atleast now to avoid the confusion on his daughter who started to worship ONE GOD ALLAH which is also mentioned in your vedas and BG. God made us to worship him alone ... YOUR DAUGHTER recognised that but U need to recognize too...Please read the book of the CREATOR, The QURAN, ALLAH loves when the creation try to know about him and PONDER on how all this exists and also knowing the perfectness in the creation of human being...  as well as those which are visible and not visible to us.

Allah is able to do all thing... The media 24/day tries to demonize ISLAM and Muslims... but ALLAH has a different plan . The more they demonize , the more people are accepting ISLAM, not just in india but all over the world. I think its time to NON MUSLIMs to know about one GOD ALLAH rather than depending on the LIES and deception of the media. QURAN is the manual for human being on how to live a life that ALLAH has given us. Dont be idle .. Learn about GOD before death approaches us. Look the knowledge of MEDIA & compare it with the divine knowledge that is mentioned in the QURAN.ALLAHU AKBAR - God is Greatest.

 

Manjeshwaranna
 - 
Wednesday, 16 Aug 2017

If some one want to know the circumstances under which the court came to this order you can go through the actual judgement 

http://judis.nic.in/Judis_Kerala/list_new2_Pdf.asp?FileName=520925

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News Network
April 28,2025

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On April 27, 2025, the Consulate General of India in Dubai and the Northern Emirates, in partnership with Ekata (Unity) and Aim India Forum, organized a vital health and financial awareness session at the PAN Gulf Labour Camp in Sharjah, UAE.

This event aimed to educate blue-collar workers on important health and financial matters, providing them with practical information to better manage their well-being and finances. Shaikh Muzaffer, the Founder President of Aim India Forum, expressed his gratitude to Mr. Anshul Gupta, CEO of Pan Gulf International Metals Industries UAE, for facilitating the platform, and to Dr. Satish Krishnan, Neurosurgeon at Al Qasimia Hospital Sharjah and President of the EKATA group, for his excellent coordination of the event.

The Consulate General of India invited the Aim India Forum to conduct informative lectures on various crucial topics, including financial scams, economic crimes, cyber fraud, SIM card fraud, and the dangers posed by fake recruitment agencies. Shaikh Muzaffer from Aim India Forum, alongside BCCI President Mr. Hidayath Addoor, also participated in a focused discussion on SIM card fraud and its risks.

The session concluded with important remarks from Shri Yatin Patel, the Deputy Consul General of India to Dubai. Shri Patel highlighted the significance of timely passport renewals and the need to protect passports as a form of identity. He also cautioned against scammers who target blue-collar workers, exploiting their identities to obtain illegal loans from banks. He urged all workers to remain vigilant and avoid falling prey to such fraudulent activities.

Mr. Deepak Dagar, Vice Consul for Labour and ICWF at the Indian Consulate, was also in attendance, adding valuable insights and contributing to the event’s success. This informative session provided blue-collar workers with essential knowledge to safeguard both their health and financial security in their daily lives.

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News Network
April 28,2025

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Bengaluru: Opposition BJP on Monday petitioned Karnataka Governor Thaawarchand Gehlot seeking revocation of the suspension of 18 of its MLAs from the Legislative Assembly, calling it "undemocratic and unconstitutional".

They requested the Governor to direct Speaker U T Khader to reconsider the suspension of MLAs, and enable them to resume their responsibilities as representatives of the people.

In an unprecedented move, 18 BJP MLAs were suspended for six months from the Karnataka Legislative Assembly on March 21, for showing "indiscipline" and "disrespecting" the Speaker, following which they were forcefully evicted from the House by the marshals as they refused to leave.

The BJP delegation led by state BJP president B Y Vijayendra and Leader of Opposition in Legislative Assembly, R Ashoka, met the Governor at Raj Bhavan and submitted a memorandum to him.

"....we most respectfully beseech your excellency to kindly exercise your good offices to direct the Speaker, Karnataka Legislative Assembly to reconsider the suspension order imposed upon the 18 Members of the Legislative Assembly belonging to the principal opposition party in the state," the memorandum said.

They also requested that "the suspension be revoked, thereby enabling the concerned legislators to resume their responsibilities as representatives of the people. And to take all necessary steps to uphold the basic tenet of democratic values in the State of Karnataka."

The incident leading to the suspension occurred on the last day of the Assembly's budget session. The BJP MLAs staged a massive protest against 4 per cent reservation to Muslims in public contracts and demanded a judicial probe into the alleged "honey-trap" attempt against Cooperation Minister K N Rajanna.

During the protest inside the Assembly, while some BJP legislators climbed onto the podium where the Speaker's Chair is situated, and surrounded it; a few others protesting from the well of the House, hurled papers at the Speaker. Marshals had to forcefully evict the BJP MLAs who had surrounded the Speaker's Chair.

Speaking to reporters after submitting the memorandum to the Governor, Ashoka said the Speaker and the Congress government's decision to suspend 18 MLAs is "undemocratic", and also "unconstitutional", as the functioning of a legislator is being hindered.

"Congress imposed an emergency on the country and tried to subvert democracy. Participating in the Assembly is our right. People have elected legislators to speak in the Assembly and to monitor functioning of the government through various legislature committees. It is our duty and it is being obstructed, so it is unconstitutional," he said.

Stating that he had already spoken to the Speaker and the chief minister in this regard, he said, "We met the Governor and brought things to his notice regarding what is there in the Constitution and various court orders. He (Governor) has said that he will write a letter to the government and speak to the concerned minister and Speaker. He has responded positively. He said the suspension should have been for the session and not for six months."

However, responding to allegations that his decision was illegal, Speaker Khader said everyone has the right to express their opinion in a democracy, and everything will happen in accordance with the Constitution and rules.

In the memorandum submitted to the Governor, the BJP said, in their role as members of the opposition, they had assembled near the Speaker's Chair as a form of protest. "It was wrongly perceived by the Speaker, so also the ruling party that, in doing such protests they deem that we exhibited behaviour inconsistent with the decorum of the House. Consequently, under Rule 348 of the Karnataka Legislative Assembly Rules of Procedure and Conduct of Business, 18 legislators were suspended for six months and were subjected to additional restrictions," it said.

The Karnataka Legislature is one of the highest embodiments of our democratic values, and truly a "temple of democracy". The dignity and sanctity of the Speaker's and Chairman's offices are fundamental to maintaining the credibility of the legislative institutions, the BJP said.

"We wholeheartedly affirm our adherence to these principles," the party said.

"The events of March 21 were neither premeditated nor intended to show any disrespect to the Chair. Over the past two years, we have observed the set of principles of the House with great appreciation, particularly given the increasing challenges to the standards of debate, language, and procedural adherence in legislative forums. We continue to hold the institution and its leadership in the highest regard," it added.

Pointing out that, in such circumstances, if the Speaker summoned the concerned legislators on that day to seek clarifications, they would have readily explained their actions and assured their respect to the Chair and the House. Unfortunately, no such opportunity was afforded before the issuance of a decision imposing substantial restrictions on 18 duly elected representatives, effectively preventing them from fulfilling their duties towards their constituencies, the BJP said.

The MLAs who were suspended are the BJP chief whip Doddanagouda Patil, former Deputy CM C N Ashwath Narayan, S R Vishwanath, B A Basavaraju, M R Patil, Channabasappa, B Suresh Gowda, Umanath Kotyan, Sharanu Salagar, Dr Shailendra Beldale, C K Ramamurthy, Yashpal Suvarna, B P Harish, Bharath Shetty, Dheeraj Muniraju, Chandru Lamani, Muniratna and Basavaraj Mattimud. 

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News Network
April 29,2025

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The Supreme Court Tuesday dismissed a plea by former IPS officer Sanjiv Bhatt, undergoing life imprisonment in connection with a 1990 custodial death case, for bail and the suspension of his sentence. While denying him the relief, a bench of Justices Vikram Nath and Sandeep Mehta also directed that the hearing of his appeal be expedited.

“We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made herein above are restricted to the prayer for bail only and will have no bearing on the appeals of the appellant and the co-accused. The prayers sought by the appellant, Sanjiv Kumar Bhatt, for the grant of bail are dismissed. Hearing of the appeal is directed to be expedited,” Justice Mehta said while reading out the order.

The case dates back to 1990 when Bhatt was posted as the additional superintendent of police in Gujarat’s Jamnagar. He had detained around 133 people under the stringent Terrorist and Disruptive Activities (Prevention) (TADA) Act during a communal riot in Jamjodhpur town.

On November 18, 1990, one of those detained, Prabhudas Vaishnani, died in a hospital after he was released, allegedly due to torture while he was in custody. A complaint of custodial death was registered against seven policemen, including Bhatt, by Amrutlal Vaishnani, the brother of the deceased, following which the investigation was transferred to the state Criminal Investigation Department (CID) branch in Gandhinagar.

In 1995, the CID investigating officer requested sanction from the government to prosecute Bhatt as is required for the prosecution of a government officer when on duty. However, the government did not grant the sanction. After that, CID filed a summary report, which is a closure report, in the court. However, the court rejected this report in December 1995 and instead took cognisance of offences alleged against Bhatt and six others.

An A-summary report was filed in this case in 1995 after the Gujarat Government refused to grant sanction for prosecuting Bhatt. However, after Bhatt’s deposition in relation to the 2002 communal riots before the Nanavati and the Mehta commissions between May and July 2011, the state government withdrew protection granted to him, and the Jamnagar court began framing charges soon after.

A Jamnagar sessions court sentenced Bhatt to life imprisonment in June 2019. This was subsequently upheld by a Division Bench of the Gujarat High Court.

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