Supreme Court to hear Hadiya before pronouncing verdict

kerala | Monday, October 9th, 2017
Team Asianet Newsable
Highlights
  • The Supreme Court postponed Hadiya case to October 30
  • The apex court wants to hear Hadiya before pronouncing the verdict
  • The court also said that NIA probe and authority of High Court to annul marriage are different issues

Supreme Court will hear Hadiya before pronouncing verdict in the petition questioning the validity of Kerala High Court order annulling her marriage. The court has postponed the case for October 30. 

Hadiya's husband had approached Supreme Court questioning the decision of Kerala High Court which annulled their marriage. Considering the petition, the apex court ordered an NIA probe into the allegations of love jihad and forced conversions in Kerala. 

The NIA, in a status report filed before the court, said that there were similarities in recent incidents of conversions taking place in Kerala. The agency also informed the court that there was organised effort behind such incidents. 

Meanwhile, Shahin Jahan's lawyer submitted before the court that an NIA probe was not requested by the petitioner. The only question is whether it is possible to annul a marriage while considering a Habeas corpus petition. 

Following this, the apex court sought the opinion of State Government on NIA probe. In reply, the state government filed an affidavit before the court and informed the bench that an NIA probe is not necessary in the case. 

Read more: No need for NIA probe in Hadiya case: state government to Supreme Court

In an affidavit filed by Additional Chief Secretary Subrata Biswas, the state government said that the incident, the conversion and marriage of the girl, does not fall under the list of any offences that warrants and NIA probe. It states that the investigation by the police has not revealed any incident that can be considered an offence owing to which a request can be made to the Centre under Section 6 of National Investigation Agency Act, 2008.

Meanwhile, Bindu, the mother of another girl who converted to Islam and went missing, filed an impleading application to join as a party in the case. 

Also read: Love jihad: Nimisha's mother to join party in Hadiya Case, seeks probe by NIA or RAW

When the case came for consideration on Monday, the apex court said that NIA probe and High Court's authority to annul the marriage under a Habeas Corpus petition are different issues. The court further clarified that it want's to hear Hadiya before pronouncing a decision. The case has been posted to October 30.

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