Team  SoOLEGAL

Supreme Court on Love Jihad Case: NIA can’t question legitimacy of Hadiya’s marriage

Team SoOLEGAL 23 Jan 2018 5:36pm

Supreme Court on Love Jihad Case: NIA can’t question legitimacy of Hadiya’s marriage

The Supreme Court's 3-judge bench headed by Chief Justice Dipak Misra made some pertinent observations regarding the legitimacy of Hadiya's marriage and the scope of the NIA probe.

NIA said that its investigation is complete and “shouldn’t go waste”.

The SC, however, dismissed the NIA probe, saying that the agency can investigate anything, but it cannot question the marital status of Hadiya.

“She is an adult. She appeared before us and said she is married. What can the court do? We can’t get into the legitimacy of the person whom she has married. Legitimacy of marriage can be questioned only by her or the man”, said the SC bench.

Hadiya's marriage to Shafin Jahan was annulled by the Kerala High Court last year, following her father’s allegations that she had been brainwashed and forced to convert.

Her father also asked for the custody of her daughter, saying that said that she was being indoctrinated to be taken to Syria to join the international terror outfit, Islamic State.

The top court had earlier interacted with Hadiya, alleged to be a victim of love jihad, after Shafin Jahan moved the SC against the HC’s annulment order last year. But the SC’s two-judge bench, led by the then Chief Justice J S Khehar, ordered an NIA investigation. The probe was ordered to examine the disagreement raised by Hadiya’s father that her conversion to Islam was done fraudulently. The court freed Hadiya from her father’s custody and sent her to college to pursue her studies.

However, following the Justice Khehar retirement in July last year, Shafin Jahan again approached the SC seeking recall of its earlier order.

The next hearing of the case is on February 22.

Tagged: Chief Justice Dipak Misra   Hadiya case   Kerala high court  
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