Muslim Organisation’s protest against Kerala High Court annulling Muslim convert’s marriage turns violent [Read Judgment]

In yet another instance of disdain for Court and rule of law, a protest march organised by a Muslim organisation against Kerala High Court turned unruly yesterday..The protest march was organised by Muslim Ekopana Samithi against a judgment of the High Court in which the Court had annulled the marriage of a 24-year old girl, who had converted to Islam from Hinduism..The judgment.The trigger for the events was a judgment passed by the Kerala High Court on May 24. The judgment itself has its genesis in a Habeas Corpus petition filed by one Asokan, father of Akhila. Asokan’s petition was based on the apprehension that Akhila was likely to be transported out of the country..During the course of those hearings, Akhila had entered appearance and the factual matrix pertaining to the case came to light..Akhila was a student of Homeopathic Medicine in a College in Salem when she was attracted to Islam through two of her Muslim friends. She subsequently converted to Islam and left her house. She also left her hostel and started staying with one Sainaba..When the matter came up before the Court, Akhila, who had changed her name to Hadiya, stated that she was not in illegal custody of anybody and refused to go with her parents. She was, therefore, allowed to reside with Sainaba..When the case was heard on December 19, 2016, the Court noted the submissions of Asokan that Akhila had not completed her education. Asokan also expressed his dissatisfaction at Akhila staying with Sainaba, which was noted by the Court in its order. Akhila also expressed her desire to complete her degree. The Court, thereupon proceeded to direct Akhila to shift her residence to college hostel in Salem..The Court then posted the case for hearing on December 21 to discuss the manner in which Akhila shall be taken to hostel. The Court also directed Akhila’s personal presence for the hearing..Then came the twist in the tale..On December 21, Akhila entered appearance with a young man. When quizzed, her counsel told the court that she had married the young man on December 19. This irked the Court since there were no submissions made to the Court regarding such an impending marriage..The Court clearly expressed its dissatisfaction at the turn of events and the subterfuge and ordered a detailed investigation..Subsequently, a detailed report was submitted by the police. Based on the report, the Court concluded that this was not a case of a ‘love marriage’. The young man, who married Akhila was an activist of Social Democratic Party of India (SDPI) and an accused in a criminal case. Akhila was given in marriage to the man by Sainaba with whom she was residing..The Court concluded that the marriage was a sham and make-believe arrangement to take the girl out of the Court’s jurisdiction. Further, the Court concluded that Sainaba had no authority to give Akhila in marriage to anyone. The Court also noted previous instance of a Hindu girl being taken out of the country and the similarities in the factual matrix..The Court, therefore, declared the marriage as null and void and directed that the custody of the girl be handed over to her parents..The Court also directed a detailed inquiry into the role of various organisations involved in the case..Protest march.The judgment and the observations in the judgment triggered TV debates and discussions in the political circle..Members of Muslim Ekopana Samithi then decided to stage a protest march to the Kerala High Court yesterday. They objected to the fact that High Court had interfered with the decision of a woman who had attained majority..The protest march started from Kaloor but was stopped by the police at St. Alberts college. The protesters tried to topple the barricades erected by the police leading to use of water cannons..The Muslim Ekopana Samithi has now called for a ‘dawn to dusk’ harthal in Ernakulam district in protest against police action..Image taken from here.