New Delhi, March 8: The Supreme Court on Thursday asked the National Investigation Agency (NIA) to continue its investigation in the alleged Kerala love jihad case without interfering in Hadiya’s marriage. Hadiya is at the centre of alleged love jihad controversy after her marriage with Shafin Jahan. Also Read - INX Media Case: Supreme Court Rejects CBI’s Review Plea Challenging Bail Order to P Chidambaram
The apex court said, “The government can curb crime but not put restriction on marriage and personal decisions. Marriage and intimacy of relationships are core of plurality in India and privacy and dignity are inherent to marital life.” (Also read: Was Kerala HC justified in nullifying Hadiya’s marriage, asks SC) Also Read - Bihar Artist Makes Sand Art Seeking Justice For Kerala Elephant, Calls the Incident a 'Blot on Humanity'
The Bench headed by Chief Justice of India Dipak Misra said, “Whether this marriage is a disguise (to commit crime) is a separate issue.” (Also Read: Hadiya to Continue Her Studies Under Hindu Name) Also Read - Fact Check: Pregnant Elephant Was NOT 'Fed' Cracker-Stuffed 'Pineapple' in Kerala's 'Malappuram', Maneka Gandhi Called Out For Communalising Animal's Death
Hadiya had recently filed an affidavit before the top court claiming that she had willingly converted to Islam and wanted to live with Jahan as his wife. “I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim … I have been under confinement without the freedom that I am entitled to. Even now I am under police surveillance. I most humbly pray that my entire liberty may kindly be restored to me.”
“Shafin Jahan is my husband, I want to continue to live as wife of my beloved husband and that I embraced Islam and married him on my own free will,” she had said in her 25-page affidavit.
The matter had come to fore when Jahan had challenged the Kerala High Court’s order annulling his marriage with Hadiya and sending her to her parents’ custody. On November 27, 2017, the apex court had freed Hadiya from her parents’ custody and sent her to college to pursue studies, even as she had pleaded that she should be allowed to go with her husband.
The apex court had on January 23 made it clear that the NIA cannot probe the marital status of Hadiya and Jahan.
With inputs from PTI