SC Adjourns Hadiya Case Hearing Amidst Commotion: CJI Again Asks How Hadiya Can Be In Father's Custody

The Supreme Court today adjourned the hearing in Hadiya case amidst commotion. But CJI Dipak Misra reiterated that prima-facie he felt that the girl's father cannot be given her custody. The case has been posted for hearing to October 30

The bench was upset after Dave tried to explain that the Centre tried to give a political twist to the whole issue and how BJP President Amit Shah and UP CM Yogi Adityanath tried to cash in on "love jihad" issue during their Kerala Janaraksha Yatra.

"We cannot hear you today but on another day when you all will just stick to legal principles and law", CJI Misra told Dave, ASG Maninder Singh and all other lawyers.

At one stage an angry CJI also told Dave that "you have bulldozed your case with your own argument".

Before rising, CJI Misra however said: "the basic principle is ..legal principle..when two adults marry a court cannot interfere and such a custody to father can only be given if the person is mentally handicapped , psychologically depressed etc...I think she should be allowed to go wherever she wants".

Hinting that the girl will be summoned soon, the bench said: "in a habeus corpus petition we will not abdicate our responsibility to interview the girl"

 It is to be noted that the state government had told the apex court in an affidavit Saturday that investigation by the state police in the matter had not found anything that would warrant a probe by the Central agency.

“Investigation conducted so far by the Kerala police has not revealed any incident relating to commission of any Scheduled Offences to make a report to the Central Government under Section 6 of the National Investigation Agency Act, 2006”, it said.

Three applications have also been filed demanding the Applicants’ impleadment as respondents in the Hadiya case and seeking an investigation by the National Investigation Agency into incidents of alleged ‘Love Jihad’. They have been filed by Kerala-based Bindu, mother of a girl who was a “victim” and one Maharashtra-based Sumathi Arya who claimed to be a victim.

On October three the sensational case took an altogether new twist with the CJI-led bench making it clear that a 25 year old girl, an adult, cannot be held hostage by her father against her wishes and the CJI-led bench categorically stating it will examine if a High Court under Article 226 can quash a marriage.

CJI also said it may appoint an alternate custodian for Hadiya in place of her father. The bench then fixed the matter for detailed hearing today.

Significantly, after a social activist shot a video in which Hadia made it clear that she had been held hostage at her home against her wishes and she had married Shafin Jahan out of her own free will, the bench agreed to hear a plea filed by advocate P V Dinesh on behalf of the Kerala Women's Commission for visiting the girl, interview her and file a report in a sealed cover before the court.

"The girl is 25 year old..it is absolutely clear..she cannot be by force under custody of her father ..we may appoint a custodian' said CJI Dipak Misra.

The bench also said it will hear a petition filed by Jahan seeking a recall of the order for a NIA probe into the case.

Exactly a month after the Supreme Court handed over the investigation into the alleged conversion and subsequent marriage of the Hindu girl to a Muslim man in Kerala, an application was filed on September 19 requesting the apex court to stop the NIA probe in the light of fresh evidence that have emerged post its August 16 order that the girl converted of her own free will and she is being confined and “tortured” by her parents.

On August 16 the SC had ordered NIA investigation in the Hadiya Case under the supervision of former Supreme Court Judge Justice RV Raveendran.  But the former  judge had expressed the inability to do the assignment due to his busy schedule and other personal issues.

The case concerns Hadiya’s conversion to Islam, and her subsequent marriage to a Muslim man Shafin Jahan. In a judgment rendered on 25 May this year, a Division Bench of Kerala High Court had called her marriage a “sham”, and had annulled it, directing her return to the protective custody of her Hindu parents. Against this Shafin Jahan approached the Supreme Court.

Supreme Court has directed the Kerala police to share the files relating to the case to NIA to find whether it is an isolated case or it involved a larger conspiracy.

Additional Solicitor General Maninder Singh submitted that Hadiya’s conversion and marriage is not an isolated case. He also cited another case and said the organisation involved in both the case was the same.