In the Kerala ‘Love Jihad’ case, the Supreme Court has observed that the consent of the girl is prime and she is a major. The Apex court has also asked the father to produce Hadiya Shefin on November 27th which is the next date of hearing in the case.
SC refused plea of Hadiya's father for holding of in-camera proceedings on November 27th. The SC said that it will interact with the woman in an open court hearing at 3 PM on that day.
Chief Justice Dipak Misra led bench heard the ‘Love Jihad’ case where a Muslim man Shafin Jahan married Akhila Ashokan who later converted to Islam and became Hadiya Shefin.
Jahan had requested the SC for overturning a Kerala High Court order that cancelled his marriage with Hadiya.
A bench, comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, asked senior advocate Shyam Divan, representing the father of the woman, to ensure that she is produced that day for interaction with the bench, which is likely to ascertain her mental stage and whether she had given free consent to the marriage.
The National Investigation Agency, represented by Additional Solicitor General Maninder Singh, said there was a well-oiled machinery working in the state and they are indulging in the indoctrination and radicalisation of the society in the state where as many as 89 cases of similar nature have been reported.
Divan, appearing for woman’s father K M Ashokan, claimed the alleged husband of his daughter is a radicalised man and several organisations like Popular Front of India (PFI) are involved in radicalisation of the society.
Senior advocate Kapil Sibal, appearing for her husband Shafin Jahan, opposed the NIA’s submission and that of the woman’s father.
The woman, a Hindu, had converted to Islam and later married Jahan. It was alleged that the woman was recruited by Islamic State’s mission in Syria and Jahan was only a stooge.
Jahan had on September 20 approached the apex court seeking recall of its August 16 order directing the NIA to investigate the controversial case of conversion and marriage of a Hindu woman with him.
Meanwhile, the Kerala government had on October 7 told the Supreme Court that its police had conducted a “thorough investigation” into her conversion and subsequent marriage to Jahan and did not find material warranting the transfer of probe to the NIA.
Jahan had moved the apex court after the Kerala High Court annulled his marriage, saying it was an insult to the independence of women in the country.
With PTI inputs