After Supreme Court verdict, Hadiya leaves for Kerala
10 March, 2018, 01:55 | Author: Marjorie Miles
India's Supreme Court on Thursday permitted a Hindu woman who converted to Islam to live with her Muslim husband, a man federal investigators accused of being a recruiter for militant group Islamic State, in an incident they called "Love Jihad".
"We clarify that the investigations by the NIA in respect of any matter of criminality may continue in accordance with law", said the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud.
The three judges of the Supreme Court said in an interim order.
The girl's father, represented by senior advocate Shyam Divan, further pointed out that the court must see the larger picture emerging from this case as to how marriage is used as a device to prevent scrutiny by courts. "The judgment has only set aside the high court order that annulled the marriage". On an appeal by Jahan, the Supreme Court summoned Hadiya, interacted with her in open court and sent her to continue her studies in a Salem college.
The National Investigation Agency (NIA), which examined so-called cases of "love jihad" at the order of the Supreme Court in connection with the Hadiya case, found that four of the 11 cases it looked at involved Hindu men converting to Islam or being convinced to convert to Islam to marry Muslim women. "She appeared before this court and admitted her marriage with Shafin Jahan", added the Bench. "That pain can not be explained", said Ashokan.
The Kerala HC had observed that Hadiya seemed to be mentally indoctrinated and needed her parents' involvement in order to make such an important decision. The agency filed a status report of its probe in the court and claimed that there was a "well oiled machinery" behind the conversion of Hadiya and other girls. Neither Hadiya nor Shafin was present in court. Acting on a plea filed by her father, who alleged his daughter was being indoctrinated and may be taken overseas by extremist organizations, the Kerala high court annulled her marriage on 25 May.
Justice Misra said: "Let us assume for a moment that in the extreme event the marriage is a disguise to commit an offence". That question, basic and astounding as it is, has been at the core of the legal ordeal that 24-year-old Hadiya (formerly Akhila Ashokan) has been forced to undergo over the last year.
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