Love Jihad Case: SC Asks Hadiya To be Produced On Nov 27, To Hear Her Out In Open Court

The Supreme Court on Monday ordered Hadiya, the woman at the centre of the Kerala Love Jihad case, to be produced before it on November 27. The court will hear her out in open court.

Hadiya's father Ashokan KM pleads in court that the case proceedings be heard in-camera, but Chief Justice of India Dipak Misra said it will be in open court around 3 pm.

By November 27, it would have been five months since Hadiya's custody was handed over to her parents.

"Marriage is a personal affair. There is no law stating that a person can't marry a criminal. Don't try to curb individual cases," said the Supreme Court, while adding that it will examine parental authority can be exercised on a major.

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 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 court observed that the consent of the girl is prime, adding that she is a major. The Centre said parental authority can be invoked in cases where someone is manipulated or indoctrinated.

Earlier, the Kerala government had told the apex court that the state police are effectively investigating the alleged 'love jihad' case of the state and hence, there is no need for the National Investigation Agency (NIA) to probe it.

In an affidavit, the state government informed the apex court that the state police are competent enough to investigate such crimes.

Recently, while hearing a matter, the Kerala High Court observed- "all inter-religious marriages cannot be termed love jihad".

 Last month, a group of people had submitted a petition to Kerala Chief Minister Pinarayi Vijayan and demanded a probe into the alleged unlawful incarceration of Hadiya, the 24-year-old Vaikom native, who had converted to Islam after marriage.

Four months ago, the Kerala High Court had sent Hadiya with her parents K.M. Asokan and Ponnamma after annulling her marriage with Shafin Jahan.

The case is under consideration of the Apex Court now, which had ordered the NIA investigation into it.

(With ANI inputs)