Top
Top Stories

Hadiya’s Husband Moves Apex Court Seeking Recall Of Order Directing NIA Probe [Read Application]

Apoorva Mandhani
16 Sep 2017 10:15 AM GMT
Hadiya’s Husband Moves Apex Court Seeking Recall Of Order Directing NIA Probe [Read Application]
Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
599+GST
(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?

In a another twist in the tale that has astonished many, Hadiya’s husband has now approached the Apex Court seeking recall of the order directing an investigation by the National Investigation Agency (NIA) into the matter.

Mr. Shafin Jahan has filed an application before the Apex Court contending that “certain facts have emerged which call for a reconsideration” of the order.

Mr. Jahan makes reference to the video filmed by activist Rahul Easwar, who had visited Hadiya’s house. He submits:

“Mr. Easwar, after taking due consent from the family, filmed a video of the family, including the Detenue. In the video, the Detenue asks the following - 

Is this house arrest what I deserve?  Whether this should be the purpose of my life?

That the same clearly shows that the Detenue does not wish to be kept under house arrest. Rahul Easwar has also gone on to say to NDTV that the Detenue told him, that “she wants to live and die as a Muslim.

That the Detenue has also confessed in the aforementioned video, that Ask my father and mother, whether they torture and abuse me for following my religion and its practises?

The same shows a clear mistreatment and abuse of the Detenue being suffered at the hands of the Respondent No.1.”

Mr. Jahan also brings on record the complaints received by the State Human Rights Commission of Kerala regarding Hadiya’s detention. He cites another news report which quotes acting President of the Kerala Human Rights Commission, P. Mohandas as saying that “Akhila is undergoing immense human rights violation at her house.”

The Application further places reliance on another news report which describes the incident when a group of women activists visited Hadiya’s home. The Petition describes:

“When the Respondent No.1 did not allow them to meet her, they heard the Detenue cry out for help from a window, “Save me. They are beating me.”

That the same is a clear violation of her basic human rights as well as her Fundamental Rights and that the Detenue should not be subject to such cruelty.”

With regard to the NIA investigation, Mr. Jahan submits that the Agency has begun investigating the incident, despite the refusal of Justice R.V. Raveendran to head the probe. This, it says, is in violation of the Court’s order.

“That the intent of the order of this Hon'ble Court dated 16.8.2017 was to ensure that the investigation of the NIA was fair and for the same  reason, Justice Raveendran was appointed. Therefore, now since the above reports are surfacing that the NIA has already commenced investigation and already found a link, all without the guidance of Justice Raveendran, the worst fears of the Petitioners have therefore been realized. That such an investigation is clearly not fair and is against the orders of this Hon'ble Court,” the Application contends.

It further submits that Hadiya has, on several occasions, made it clear that she has accepted Islam on her own accord. It alleges that despite such acceptance, she is being deprived of a dignified life and liberty during the detention that she is being subjected to. Hence, in the light of such assertions by Hadiya herself, her husband questions the necessity of an NIA probe.

The Application, therefore, demands that the NIA be directed to not proceed with the investigation. It also seeks a direction to the Director General of Police, (Law and Order), Trivandrum, Kerala to produce Hadiya before the Apex Court.

Read the Application Here

Next Story