Continue probe without interfering in Hadiya's marriage, SC tells NIA

Elias Hubbard
March 8, 2018

The Bench was headed by Chief Justice of India Dipak Misra, DY Chandrachud and AM Khanwilkar.

The apex court said, "The government can curb crime but not put restriction on marriage and personal decisions".

The Supreme Court on Thursday restored the marriage of Hadiya, whose conversion from Hinduism to Islam set off a political and legal maelstrom, to Shafin Jahan, ANI reported.

In response to Ashokan's petition, Akhila appeared in court and said she did not want to go back to her parents. "Present case is one which warrants annulment of marriage by High Court". Hadiya had however denied the charges and moved to SC in a bid to get released from the custody of her parents. she had also urged the apex court to allow her to go with her husband.

The Kerala High Court had cancelled Hadiya's marriage on a complaint by her father, who alleged that she was a victim of "love jihad", the term used by right wing groups for accusing Muslim men of drawing Hindu women into relationships, converting them and eventually recruiting them for terrorism.

The apex court had on January 23 made it clear that the NIA can not probe the marital status of Hadiya and Jahan.

The allegation that Shafin Jahan was portrayed as a terrorist was incorrect and it had carried out the probe under directions of the Supreme Court and whatever it had stated reflected in the status report filed by the agency, the NIA also said.

Mr. Asokan's affidavit had mentioned that Ms. Shirin and her husband Mr. Fasal had interacted with Ms. Hadiya in 2015 and even tried to send her to Yemen.

The case saw a major twist in December 2016 when Hadiya told the Kerala High Court that she had married Shefin Jahan on December 19, 2016.

The Supreme Court ordered an NIA probe into the matter to ascertain if there was any terror angle in the conversion of Hadiya and her marriage to Shefin Jahan.

The apex court had on February 22 questioned whether the high court could nullify a marriage between "vulnerable adults" after the father of the 25-year-old woman had justified the order.

Other reports by Click Lancashire

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