SC orders Court Commissioner’s appointment in Sanganer land acquisition case
The Rajasthan government has also tendered an apology in the court for reported contempt of the court in the case of land acquisition.
The Supreme Court (SC) on Tueday ruled that the National Investigation Agency (NIA) cannot probe the marital status of 24-year-old Hadiya, a woman from Kerala who converted to Islam, as she was an adult.
The three-judge bench of the SC, headed by Chief Justice of India (CJI) Dipak Misra however, permitted the NIA to probe all angles of the case after the agency told the SC that it has made substantial progress in its investigation into the alleged love jihad case.
“How can we say her marriage is not valid? Hadiya can choose independently. She is 24 years old,” the SC said adding that the NIA can probe every other angle but her marriage.
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“It is up to Hadiya to decide whether the person she married is a good or a bad man,” the SC said further.
Seeking Hadiya’s response, the apex court will next hear the matter on February 22.
The SC further observed that the probe by NIA will have no bearing on the legitimacy of Hadiya’s marriage to Shafin Jahan which was annulled by the High Court.
The court is hearing a plea by Shafin Jahan challenging the Kerala High Court order of May 2017 nullifying his marriage with Hadiya and seeking recall of the court order asking NIA to investigate the conversion of Hadiya to Islam and her marriage.
The NIA in its earlier report has pointed to a “pattern” involving conversion to Islam and marriages in Kerala.
Asokan, the father of Hadiya, had appealed for in-camera proceedings, but the Supreme Court declined his request.
The marriage was challenged in the High Court by Hadiya’s father, who also alleged that Jahan had links with terror group IS.
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