SC on Kerala love jihad case

Toni Houston
October 4, 2017

The Court then proceeded to adjourn the case for October 9.

Interestingly, CJI Dipak Misra remarked that the High Court's judgment by which it nullifed the marriage of Hadiya under Article 226 is the issue here.

Jahan has claimed Hadiya, a homeopathy student in Kerala, converted to Islam of her own volition two years prior to their marriage and sought direction to Hadiya's father to present her in court.

"It was this court which asked us to probe the matter and we found a pattern (in such incidents of marriages in Kerala),"' he said adding he will convince the court. Jahan has challenged the HC's verdict before the top court.

Appearing for Jahan on Tuesday, senior counsel Dushyant Dave vociferously contested the order for NIA probe saying "it struck at the very foundation of this multi-religious society" and was "sending awful signals across the world".


The top court had on August 16 ordered an NIA investigation into conversion of Akhila, a Hindu girl, to Islam and her subsequent marriage to Jahan, a Muslim man in Kerala after the NIA hinted that those involved in these conversions and marriages had links with SIMI, a banned organisation.

In a fresh application for recall of this order, Shafin Jahan said that on August 17, 2017 activist Rahul Easwar visited the home of the girl's father, where Akhila has been detained. "The state did not file an appeal and father also did not do so", he contended. "Will your lordships order NIA enquiry against them".

Shafin Jahan, has filed an another plea in SC challenging the HC order saying it was an "an insult to the independence of woman in India".

He pointed out that on a complaint the State Human Rights Commission acting President P Mohandas himself has gone on to make a statement that Akhila is undergoing enormous human rights violations at her house. This was in clear violation of this Court's order as the investigation was to be overseen by Justice Raveendran and that without his supervision, the same can not be undertaken and be said to be fair.

In a related development, the State Human Rights Commission has pulled up the District Police Chief, Kottayam, for his failure to report whether Hadiya was under house arrest or not.

Other reports by Ligue1talk

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