Hadiya case: SC orders Kerala Police to share probe details with NIA

Bruno Cirelli
Agosto 10, 2017

On Thursday, the National Investigation Agency (NIA) moved to the apex court claiming that it would probe all the aspects of the plea filled by a Muslim man after his marriage by a Hindu girl was annulled by the Kerala High Court terming it a matter of "love jihad".

A bench headed by Chief Justice JS Khehar brushed aside the vehement opposition by petitioner Shafin Jahan, who had approached the court seeking access to his wife - a Hindu who converted to Islam - and setting aside of the Kerala high court order that annulled his marriage.

"We direct the investigation conducted by Kerala police to be shared by the NIA to enable it to be alive to the situation that emanates", the bench added.

Interestingly, the Bench also proceeded to list the matter for further hearing at 2 pm today.

"We wanted to see whether it is an isolated case or a larger issue is involved", the bench said.

The top court said it was entrusting the task to the National Investigation Agency (NIA) as a neutral agency to get a "whole picture" and ascertain whether the particular instance was limited to a "small pocket" or was there "something wider" to the issue. "We want s clear picture", the bench said after Beeran contended he was opposed to the NIA probe at present but not sharing of probe documents. We have not asked it to investigate.

However, the apex court said, "Our impression is that the petitioner does not desire that the entire facts of the case may come before us". As per the court order, NIA will file its report before it on August 16 when the court will hear the matter again. We have asked it to look at the records and assist us. "We want them to help us in this determination", said the bench.

The court had on August 4 sought the response of the state government and the NIA on Jahan's plea challenging the high court order annulling his marriage.

Ashokan K.M., the father of the woman, had alleged that there was a "well-oiled systematic mechanism" for conversion and Islamic radicalization.

Jahan is a criminal and his daughter was trapped by a network with connections to Popular Front of India and even the Islamic State, the father's lawyer had said.

The high court, while declaring the marriage as "null and void", had described the case as an instance of "love jihad" and ordered the state police to conduct a probe into such cases.

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