SC-ordered NIA probe into Hadiya case questioned

SC-ordered NIA probe into Hadiya case questioned

A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud asked how the High Court, on May 24, annulled the marriage of a woman, who has reached the age of majority, while exercising writ jurisdiction under Article 226, which is used to challenge violations of fundamental rights, legal rights and other basic rights.

Jahan, in an interim application filed in his appeal against the high court order, has referred to media reports and claimed that NIA has already started its probe "without the guidance of Justice Raveendran", who was supposed to supervise the investigation. The Bench however shot back stating, " pattern or no pattern, could the HC have annulled the marriage.

The Women's Commission has also given the permission to join in the case.

ASG Tushar Mehta, appearing for NIA, sought adjournment in the matter.

"Two high functionaries of BJP have married members of minority, will you order NIA probe into that?"

In response to NIA's argument, CJI Dipak Misra asked, " We want to know how the Kerala HC annulled a marriage u/Art 226?"

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"A father can't have control over 24-year-old girl".

The Supreme Court said that after getting inputs from the NIA and Kerala Police probe, it would interview Akhila to ascertain her views. But a bench headed by the then CJI Justice J S Khehar said it will also examine the contention raised by her father that she was allegedly converted fraudulently and ordered NIA investigation.

Akhila, who has been a house surgeon, got converted from Hinduism to Islam and was soon married to Shefin Jahan.

The case put spotlight back on the controversial "love jihad", a term coined by some fringe Hindu outfits to describe cases of what they believe are forced marriages between Muslim men and Hindu women.

Later, in a fresh twist in Kerala's so-called Love Jihad controversy, the girl, who converted to Islam, had said that she wanted to die as a Muslim. The marriage was cancelled on the basis of a petition by Hadiya's father, KM Ashokan, and she was ordered to return to live with him.

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