NIA Can't Probe The Marital Status Of Hadiya, Says SC On 'Love Jihad Case'

| January 23 , 2018 , 15:36 IST

The Supreme Court on Tuesday said that the National Investigation Agency (NIA) cannot calibrate the legitimacy of the marriage of Kerala women Hadiya, but can continue with the investigation into love jihad angle of the case.

A bench headed by Chief Justice Dipak Mishra including justice A.M. Khanwilkar and D.Y. Chandrachud, observed this after the NIA told the SC that it had made substantial progress in the investigation which was conduct after the apex court's direction.

The court said, "we are not concerned with it whether you carry on your investigation or arrest someone. A marriage has to be separated any criminal action, aspect or conspiracy, otherwise we will be creating the bad precedent" the bench stated.   

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"You can investigate this, but you cannot question their marital status," the bench said. The top court also added that Hadiya, the alleged victim of "love jihad" who was a Hindu before marriage, had appeared before it and had specifically said that she had married to Shafin Jahan on her own.

Hadiya's marriage to a Muslim man, Shafin Jahan, was annulled by the Kerala High Court last year after her parents alleged that she had been brainwashed and forced to convert. Her father had said that she was being persuaded to be taken to Syria.

The bench also executed that it would examine whether the Kerala High Court was correct in annulling the marriage while hearing a Habeas Corpus petition.

"We are only concerned with the choice of an adult to marry someone," the bench said and posted the matter for hearing on February 22.

The apex court last year on November 27, liberated Hadiya from her parents' custody and sent her to college to pursue her studies, even as she pleaded to be allowed to go with her husband. After her marriage Hadiya converted to Islam.

Supreme Court was hearing a plea filed by Hadiya's husband Shahin Jahan challenging the Kerala high court's order annulling his marriage with Hadiya.