On Tuesday, the Supreme Court asked the National Investigation Agency (NIA) to stop probing into Hadiya’s choice to marry Shafin Jahan. This comes after the Apex Court heard an oral request from Hadiya’s husband Jahan. Hadiya was originally Akhila and had decided to convert before marrying Jahan.
The NIA argued in the Apex Court stating Hadiya was radicalized, indoctrinated and brainwashed. Hadiya’s father Asokan K. M. along with the NIA accused Jahan of being a recruiter for a radical group. Chief Justice of India (CJI) Dipak Misra said, “You can investigate any of the aspects, but you cannot investigate the marital aspect… you cannot investigate whether she married a good person or a bad person. That’s her choice.”
The CJI said, “Again, whether she made a good choice or bad choice in a husband, only she knows. Court cannot question her choice.” He further added, “Let them (NIA) investigate him (Jahan). But you cannot question the marriage. Only she (Hadiya) has the right to question her marriage.”
The Kerala High Court had annulled the marriage between Jahan and Hadiya based on a habeas corpus filed by Hadiya’s father. CJI Misra said, “We are not concerned with the investigation or anything else. We are only concerned with the question if a high court can nullify a marriage in a habeas corpus petition. The heart of the matter is if a marriage cannot be nullified, it cannot be investigated also.”
As Hadiya’s father’s advocate continued to argue the CJI questioned, “She is an adult. She appeared in court here and said she is married. What can the court do?”
Advocate Madhavi Divan shot back at the CJI and said, “But this marriage was a device to legitimise the illegal confinement she was under.”
CJI Misra responded, “She is 24. How can you say she has to remain with X, Y, Z? She came to the Supreme Court that she does not want to go with you. Can we insist her to go with you now?”
The Supreme Court announced the case would be scheduled for the 22nd of February.
