Top Stories

Hadiya Case: Shafin Jahan Moves Contempt Against NIA For Proceeding Probe without Justice Raveendran [Read Petition]

Apoorva Mandhani
19 Nov 2017 3:18 PM GMT
Hadiya Case: Shafin Jahan  Moves Contempt Against NIA For Proceeding  Probe without Justice Raveendran [Read Petition]
Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

Shafin Jahan, who approached the Supreme Court against Kerala High Court’s Judgment nullifying his marriage with Akhila (Hadiya) has now moved a contempt petition against National Investigation Agency for proceeding with the investigation in the case without the supervision of a retired Supreme Court Judge.

In August, the Supreme Court ordered NIA investigation in the case under the supervision of former Supreme Court Judge Justice RV Raveendran. But Justice Raveendran later declined the assignment citing personal reasons.

The Petition alleges that the NIA has begun its investigation and has submitted its reports despite the refusal of Justice R.V. Raveendran to head the probe. Mr. Jahan brings to the notice of the Court the fact that he has been summoned by the NIA and contends that this is in violation of the spirit of the Court’s order directing Justice Raveendran to head the probe.

He then demands "stringent action" against the Agency and contends, "Therefore, since Respondent No.6/Contemnor has already commenced investigation without there being any authorized person overseeing such investigation and has already gone ahead and filed a Status Report, the same goes against the spirit of this Hon'ble Courts order dated 16.8.2017 and is in clear violation and gross contempt of the same. That such an investigation is clearly not fair and proper and more so is contemptuous and is against the orders and directions of this Hon'ble Court. Moreover NIA seems to be in a hurry to come to a different conclusion than which has been arrived at by IO, Dy. SP of Crime Branch of Kerala Police."

The Petition further alleges that the reports released by the National Commission for Women (NCW) assessing Hadiya's current state is "uncalled for". NCW's visit to Hadiya's house has also been termed as one "made with a vested interest and malafide intent to prejudice the present proceedings".

Meanwhile the NIA team has recorded the statement of Hadiya earlier this week.

During the last hearing the Supreme Court directed Hadiya’s father Ashokan to produce her before the Court on Nov.27

Read the Petition here

Next Story