No Need for NIA Probe in Hadiya Case, Kerala Government Tells SC

Modesto Morganelli
Ottobre 8, 2017

The Central government and the Kerala government seems to be at loggerheads with Kerala questioning in the Supreme Court the NIA probe into the love jihad case relating to marriage of a Hindu woman with a Muslim after she converted to Islam.

The Kerala High Court had on May 24 annulled the December 19, 2016 marriage of Shafin Jahan with Akhila, renamed Hadiya, after terming it a "Love Jihad".

In an affidavit filed in the Supreme Court, the Kerala government said that the investigation conducted by the state police said that there was no offence committed which requires an NIA probe.

The state government told the apex court that its police had conducted a thorough investigation in an efficient manner. In August the SC had refused to stay the HC order and asked the NIA to probe circumstances that led to their marriage. Changing its preliminary view, the SC said that a father can not be seen dictating the personal life of a 24-year-old daughter.

Earlier in August, the NIA began investigation into the case following the top court's orders. "If there was need for an NIA probe, we would have informed the Center", the government said in an affidavit filed in the SC.

The Supreme Court had ordered a comprehensive probe into the various aspects of the case including the conversion of the woman to Islam, religious institutions and people involved, and the ones she was in contact with. Dave said that the SC had exceeded its jurisdiction. The bench also questioned the legality of girl's father keeping her in his custody for last four months.

The NIA submitted that it had found a pattern in Kerala.

The High Court annulled the marriage.

A number of women activists on Friday wrote an open letter to Chief Minister Pinarayi Vijayan and the State Women's Commission (SWC) to seek their intervention in a young woman Hadiya's "forcible" confinement at her parents' house and demanded state protection for her.

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