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Supreme Court hearings highlights : Constitution bench to hear pleas against Aadhaar linking

The Supreme Court is set for a busy Monday with high-profile cases such as Aadhaar, the Kerala Love Jihad issue and Article 35A expected to come up for hearing.

FP Staff October 30, 2017 15:57:20 IST
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Supreme Court hearings highlights : Constitution bench to hear pleas against Aadhaar linking

Highlights

13:29 (ist)

Supreme Court's order in Hadiya case

“We are inclined to modify the order dated 16th August and is directing the presence of the daughter of the 1st respondent at 3PM on 27th November. We may further add that this court shall speak to her not in-camera but in open court.

We will be failing in our duty if we do not take on record the submission of ASG Maninder Singh and Senior Advocate Shyam Divan that in a case of present nature when there is sufficient material on record and a pattern of indoctrination the choice of the person may not be treated as absolute.”

‘It is additionally urged that going by the conduct of the petitioner her custody may not straight away be given to the husband before deciding the larger issue. They adverted on the conduct of the petitioner and his association with the People’s Front of India. We have not expressed any opinion. Senior Advocate Kapil Sibal for the petitioner has objected to all allegations."

13:09 (ist)

SC orders Hadiya to be produced to know her mind

The Supreme Court directed that Hadiya shall be produced before the top court to ascertain if she, an adult, had married Shafin Jahan out of her own free will after her conversion.

Ashokan, the father of the 24 year old woman has been asked to produce the girl at 3pm on 27 November, Live Law report said.  The order by a bench headed by Chief Justice Dipak Misra was given despite stiff objection by Additional Solicitor General Majumder Singh who appeared for Centre and Shyam Divan. Divan represented the woman’s father who has the custody of the girl now after the Kerala High Court quashed the marriage and gave her custody to him.

Both of them had argued that “indoctrination and psychological influence  are exceptions to consent’ but the bench said all these issues will be dealt with later.

13:04 (ist)

REPOST: Why judgment of the Kerala High Court in Hadiya case warranted revisiting

The question of the validity of the marriage is not something that can be determined by a high court in a writ. The high court’s order is respectfully erroneous to that extent. Along with that, respectfully, the order is also further erroneous to the extent that, failing a finding of illegal detention a writ of habeas corpus has been issued. Moreover, so, the writ has awarded the "custody" of the body of a major to her parents without her wishes being respected.

If Akhila/Haidya wishes like any other citizen of India, she should be permitted to travel where she likes and do as she pleases. The order directing that she stays only with her parents is one that in effect confines her making the order a prima facie incorrect exercise of the power to issue a writ of habeas corpus.

13:01 (ist)

Opinion: Supreme Court must defend adults' rights to act, live and marry as they please under law

The case raises a few important questions of constitutional law. What is the extent of the parens patriae jurisdiction of the high court in so far as it concerns adults? What are the powers of a high court while disposing of a writ of habeas corpus and whether the power of the high court under Article 226 can extend to annulling a marriage?

The Kerala High Court in its final order on the case did three things:

a) It provides custody of the woman in question to her parents. Even though she is 24 years of age and, therefore, is a major under Indian law and, therefore, requires no guardian.

b) Annuls the marriage she had with one Shafin Jahan on the grounds that it was a sham.

c) Orders the police to inquire into the case and the organisations behind it.

12:52 (ist)

Hadiya's father denied charges after Rahul Easwar releases video claiming she is tortured

A new video showing 24-year-old Hadiya pleading for freedom from her parents has fuelled the raging controversy over love jihad in Kerala.

In the video, the girl, who converted from Hinduism to Islam, is speaking about a threat to her life from her father. The video was released by social activist Rahul Easwar just before the hearing in the Supreme Court on her marriage with a Muslim man.


Hadiya — Akhila before her conversion — has been confined to her house at Vaikom for the last four months after the Kerala High Court annulled her marriage. Easwar said that she had revealed the threat she perceived from her father when he visited her on 17 August.

Hadiya is heard saying in the video made available to Firstpost, "You have to get me out fast. I am sure I will be killed tomorrow or day after. My father is getting angry, I know. When I walk, he is pushing and kicking me."

12:51 (ist)

The case of 24-year-old Hadiya's marriage to a Muslim man

The matter had been adjourned at the last hearing after opposing lawyers got into a high-pitched war of words.

A bench headed by Chief Justice Dipak Misra had got irked when senior lawyer Dushayant Dave, appearing for the husband Shafin Jahan, referred to statement by BJP president Amit Shah and Uttar Pradesh chief minister Yogi Adityanath and imputed political motive. "Yogi Adityanath spoke of 'love jihad' in Kerala... this court should know the ground realities," Dave had said, adding that Shah had also visited Kerala.

12:25 (ist)

RECAP: 'I am sure I will die tomorrow...': Kerala love jihad victim Hadiya accuses father of torturing her in video

In a video, shot on 17 August, released on Thursday, 24-year-old Hadiya, has alleged that her life was under threat and that she was being tortured by her father, said media reports. Hadiya converted to Islam after marrying a Muslim man.

"You need to get me out. I will be killed anytime, tomorrow or the day after, I am sure. I know my father is getting angry. When I walk, he is hitting and kicking me. If my head or any other part of my body hits somewhere and I die," said Hadiya in the video which was shot on 17 August by activist Rahul Easwar. 
Hours after the video was released, Shefin Jahan, Hadiya's husband has requested Kerala chief minister Pinarayi Vijayan to intervene, said an India Today report.

12:11 (ist)

Mahatma Gandhi assasination case hearing

Tushar Gandhi, the great-grandson of Mahatma Gandhi, moved the Supreme Court opposing a plea seeking to reopen the 70-year-old assassination case of the Mahatma.

A bench of Justice SA Bobde and Justice MM Shantanagoudar questioned the locus of Tushar Gandhi in the case. Senior advocate Indira Jaising, appearing for Gandhi, said she will explain the locus if the court moves ahead with issuing of notice. The bench said there were several ifs and buts in the case and will like to wait for the amicus curiae (friend of the court) Amrender Sharan's report.

11:41 (ist)

Supreme Court questions Mamata govt's plea on Aadhaar, Kapil Sibal says state entitled to file such a plea

The Supreme Court questioned the West Bengal government for filing a plea challenging the Centre's move to make Aadhaar mandatory for availing benefits of various social welfare schemes. The top court asked how a state can challenge the mandate of Parliament.

"How can a state file such a plea. In a federal structure, how can a state file a plea challenging Parliament's mandate," a bench comprising Justices A K Sikri and Ashok Bhushan said.

Senior advocate Kapil Sibal, appearing for the Mamata Banerjee-led West Bengal government, told the court that the plea has been filed by the labour department of the state as subsidies under these schemes have to be given by them.

"You satisfy us how the state has challenged it. We know it is a matter which needs consideration," PTI quoted the bench saying, adding the Centre's move can be challenged by an individual but not by states.

"Let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual," the top court said. However, Sibal maintained that the state was entitled to file such a plea but said that they would amend the prayer in the petition.

11:17 (ist)

RECAP: Mamata Banerjee had vowed not to link her mobile number with Aadhaar even if connection is snapped

Earlier, Mamata Banerjee had opposed linking of Aadhaar with mobile phone number, and had said she will not comply with it even if her phone connection is snapped.

She accused the Union government of "autocratic" rule and said her party will "have to play a role so that BJP is removed from power" at the centre. "They (Centre) are interfering in the people's rights and privacy. Aadhaar number should not be linked with one's mobile phone. I will not link my Aadhaar number with my mobile even if my connection is snapped," she said at the extended core committee meeting of the TMC.

10:50 (ist)

Aadhaar

Justice AK Sikri and Justice Ashok Bhushan will listen to arguments on the Aadhaar (Unique Identification Number) case. The petition has been filed by the West Bengal government and challenges the Centre's move to make Aadhaar mandatory to avail social welfare benefits.

LIVE NEWS and UPDATES

Oct 30, 2017 - 17:15 (IST)

Supreme Court to hold Article 35A hearing after three months

Supreme Court amends its order, says it will hear the Article 35A case after three months, reports ANI

Oct 30, 2017 - 16:24 (IST)

SC hearing on Article 35A case deferred by 8 weeks

Supreme Court defers hearing on by Article 35A by eight 8 weeks, reports News18. The report adds that the government has informed the apex court about appointing an interlocutor. The Attorney General seeks 6 months time for the same. 

Oct 30, 2017 - 15:48 (IST)

How Aadhaar Will Transform India In The Future

Video courtesy: Insight18 

Oct 30, 2017 - 15:39 (IST)

Mamata Banerjee to discuss Aadhaar issue

West Bengal Chief Minister Mamata Banerjee is likely to hold a press conference today to discuss the Aadhaar issue, reports News18

Oct 30, 2017 - 15:35 (IST)

Petitioners have called the mandatory Aadhaar linking as illegal and unconstitutional

The petitioners had termed the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers as illegal and unconstitutional and strongly objected to the CBSE's move to make it mandatory for students to appear for exams.

Divan, appearing for some of the petitioners, had earlier contended that final hearing in the main Aadhaar matter, which is pending before the apex court, was necessary as the government "cannot compel" citizens to link their Aadhaar with either bank accounts or mobile numbers.

Oct 30, 2017 - 15:12 (IST)

Government wanted the Aadhaar hearing to take place in March

The Aadhaar matter was mentioned by Attorney-General KK Venugopal, who demanded that the case be heard in March. This was objected to by Senior Advocate Shyam Divan, according to LiveLaw. Gopal Subramanian added that there should be no compulsion for linking various services with Aadhaar if the hearing is postponed.

Oct 30, 2017 - 14:42 (IST)

The government will not extend the Aadhaar linkage deadline past November

The government is not willing to extend the deadline for Aadhaar. "We will argue the case," the government told the Supreme Court. The apex judicial body is likely to hear the case in the last week of November.

The deadline issue talks of an extension for people who do not have Aadhaar card as of yet and the government giving them the leeway to do so and link all services by 31 March, 2018. The petitioners are contesting why the same should not be extended to those already with Aadhaar.

Oct 30, 2017 - 14:40 (IST)

On the Hadiya case, SC says there is no law stating that a person can't marry a criminal

"Marriage is a personal affair. There is no law stating that a person can't marry a criminal. Don't try to curb individual cases," said Supreme Court, while adding that it will examine parental authority can be exercised on a major, said media reports.

Oct 30, 2017 - 14:35 (IST)

The Aadhaar case will be heard by a five-judge Constitution bench

Oct 30, 2017 - 14:18 (IST)

CJI says he will try to constitute Aadhaar bench at end of November

The Supreme Court is set for a busy Monday with high-profile cases such as Aadhaar, the Kerala Love Jihad issue and Article 35A expected to come up for hearing. The Aadhaar case relates to the mandatory linking of the biometric ID to government welfare schemes, while in the Kerala Love Jihad case, the top court will open sealed envelopes handed over by the National Investigation Agency (NIA). The hearing on Article 35A relates to special rights and privileges of the permanent residents of Jammu and Kashmir.

The Supreme Court questioned the West Bengal government for filing a plea challenging the Centre's move to make Aadhaar mandatory for availing benefits of various social welfare schemes.

The top court asked how a state can challenge the mandate of Parliament. "How can a state file such a plea. In a federal structure, how can a state file a plea challenging Parliament's mandate," a bench comprising Justices A K Sikri and Ashok Bhushan said. Senior advocate Kapil Sibal, appearing for the Mamata Banerjee-led West Bengal government, told the court that the plea has been filed by the labour department of the state as subsidies under these schemes have to be given by them.

"You satisfy us how the state has challenged it. We know it is a matter which needs consideration," the bench said adding the Centre's move can be challenged by an individual but not by states.

"Let Mamata Banerjee come and file a plea as individual. We will entertain it as she will be an individual," the top court said. However, Sibal maintained that the state was entitled to file such a plea but said that they would amend the prayer in the petition. Meanwhile, the bench issued notice to the Centre on a separate plea filed by an individual challenging the linking of mobile phone numbers with Aadhaar.

The court has asked the Centre to file its response on the plea in four weeks. The West Bengal government challenged the provision which says that without Aadhaar, the benefits of social welfare schemes would not be extended.

Earlier, the Centre had told the apex court that the deadline for mandatory linking of Aadhaar to avail benefits of various government schemes has been extended till March 31 next year for those who do not have the 12-digit biometric identification number.

It had said that the deadline extension from December end till March 31, 2018, would apply only to those who do not have Aadhaar and are willing to enrol for it.

Several petitions, challenging the Centre's move to make Aadhaar mandatory for welfare schemes and notifications to link it with mobile numbers and bank accounts, are pending in the apex court.

Supreme Court hearings highlights  Constitution bench to hear pleas against Aadhaar linking

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