JUSTICE HAS GONE FOR A TOSS : Enough of Dadagiri of RSS brand of Hinduism

KERALA HIGH COURT & SUPREME COURT OF INDIA HAVE KILLED LOVE Analysis of Supreme Court Judgment in Hadiya Case...

अतिथि लेखक

KERALA HIGH COURT & SUPREME COURT OF INDIA HAVE KILLED LOVE

Analysis of Supreme Court Judgment in Hadiya Case

By Dr. Leo Rebello

World Peace Envoy since 2004

President of Litigants Welfare Forum 1990  

Mumbai

NIA CASE SUMMARY & MY COMMENTS:-

* Hadiya was 'mentally abducted'. By whom and how is it on record? How many have been affected? Have the gang members indulging in such irregular, clandestine activities been arrested? If NIA investigation is weak or prejudicial, NIA unwittingly or on instructions may be helping the Ghar Wapasi pogrom.

* People were being programmed and radicalised. Only Muslims do that? What about RSS/BJP doing it?

* 'Hypnotic Counseling' was the method being used. Is it 'hypnotic counseling' or 'hypnotic programming'? If it is counseling it helps in psychiatric problems.

If it is programming with narcotic and psychotropic substances, then that can be cleaned by detox, music and hypnotic wipe-out sessions. Was that done on Hadiya?

* Hadiya had been indoctrinated. She could be de-doctrinated. NOT by ECT or any mind bending drugs, but by traditional and natural medicine, correctional hypnotism, yoga, music, homeopathy etc.

HADIYA's CASE SUMMARY & MY COMMENTS:

* She was in 'unlawful custody' of parents for 11 months.

 * She categorically said in in-camera proceedings that she wants freedom to be with her husband. Does that show programming or independent decision?

 * Wants to continue studies, but at husband's expense, not at parents' expense or State expense. Message is very clear, isn't?

* Husband should be her guardian, not College Dean.

-- When her submissions are so clear, how can Supreme Court brush her just demands and give credence to her father's fanatic demands?

* She continues to wear Hijab even when in courts or college. All her media photos show her in Hijab. Whatever happened to Constitutional Rights to Freedom to preach, practice any faith, equality, justice, etc.?

Hadiya's husband's Appeal was against the Kerala High Court's Order nullifying their marriage on the basis of 'undue pressure', 'cheating'. But that strictly comes within the domain of family court, if either party moves an application. And then Appeal to the High Court and Supreme Court.

 Now, inspite of Hadiya's and her husband Shafin Jahan's strong case challenging the order nullifying their wedding, the Supreme Court has ruled:

* That Hadiya should be in Dean's custody.

* That G. Kannan, Principal, Shivraj Homeopathic Medical College (a Hindu management college) says adamantly: "I won't allow Hadiya's husband to meet. Her parents had admitted her here, only they can meet her".

* But putting Hadiya in Dean's custody (for her ostensible protection) does NOT mean she is in Jail or Quarantined or her Rights can be lynched. That amounts to serious breach of Natural Justice principle on the part of the Dean/Principal and also on the Apex Court keeping mum on this important issue.

* So the Dean, one G. Kannan (a Hindu Keralite) like Hadiya's father Ashokan KM (Hindu Keralite) says she was admitted by her parents.

But now she is married and wears Hijab. So, can the Dean stop Hadiya from wearing Hijab, saying Namaj and Reading Quran on the basis of invalid, irrational order? Even assuming (when you Assume you make an Ass of U and Me) Hadiya was not married and the couple was in "Live-In" partnership - two consenting adults, can the Dean (or the Court, which is silent on this important issue) prevent Husband or Friend or Lover from meeting his wife/partner/lover?

 IN THE LIGHT OF WHAT HAS BEEN STATED ABOVE, THE IMPORTANT QUESTIONS FOR THE URGENT CONSIDERATION OF ALL CONCERNED ARE:-

* Kerala High Court first nullified their wedding, without finding out how many other Hadiyas were affected in so-called Love Jihad?

* Have the 'Mulla Gang' or Radical Islamists, or Doctors helping such gang, been identified or arrested for misuse of Narcotic and Psychotropic Substances and Hypnotism and to prevent recurrence of such incidents?

* In the absence of that, in a State subject how NIA comes into the picture? Did the CPIM Govt ask for it or the NIA was imposed on Kerala? And whether NIA was imposed by BJP-RSS Govt in power at the Centre, when in Kerala there is Communist Govt and 100% literacy?

* As such, depending on what has been reported in the Media, both High Court and Supreme Court have failed to protect the Fundamental Rights of both Hadiya and Shafin Jahan. Justice Derailed.

* Hadiya's father Ashokan KM while welcoming SCI's faulty Judgment says that he is happy that she will pursue her studies and adds: "Hadiya does not have any idea about Syria, where she wanted to go after converting to Islam. I cannot have a terrorist in the family". Even assuming his fatherly concern is right,

Hadiya and her husband could have been prevented from going to Syria, by impounding their passports and allowing her to study and not prevent her from going to college and preventing lovers to meet.

 Hence, according to me, both Kerala High Court and the Supreme Court of India should Re-Visit their Prejudicial Judgments and let better sense prevail.

Otherwise, in the comity of nations, India's Secular longest, best, written Constitution will be suspected. This trend of even Courts dressing their orders

according to media frenzy [LGBTQ case, this Case and earlier cases where some innocents have been executed and buried in Jail premises in unnamed grave] makes a mockery of Justice, Jurisprudence, and All that is Sacred.

Enough of Dadagiri of RSS brand of Hinduism. For, the Sanatan Dharma that I studied, which taught me Vasudhaiv Kutumbakam, Sarve Santu Niramaya, Sarve Sukhina Bhavantu, spiritual science of Yoga (of which I am a trained Teacher since 1975), AYUSH expert, Ram Rajya which means Good Governance and Holistic Development and Happiness Index, NOT Ram Rajya of deserting the faithful wife Sitamai. Hence, I denounce the direct and indirect regimentation of 3% Brahmins over 97% people of India.

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