The Pinarayi Vijayan government in Kerala has told the Supreme Court that there was no ground for a probe by the National Investigation Agency (NIA) in the Hadiya conversion case.
The government had rejected the NIA's stand that the conversion was part of an organised movement of conversion and radicalisation in the state. The affidavit says that no Scheduled Offences were found to be committed, that warrants an NIA probe into the case.
'The investigation conducted so far by the Kerala police has not revealed any incident relating to commission of any Scheduled Offences to make a report to the Central Government under Section 6 of the National Investigation Agency Act, 2008.'
This stand was taken in a counter affidavit filed by Subrata Biswas, Additional Chief Secretary on behalf of the state government in the apex court on Friday.
In its 8-page affidavit - a copy of which is available with TNM- the government says that if any such activity would have taken place, the Kerala police was 'competent enough to conduct investigation in such crimes and would have reported to the Central government'.
In August 2017, the Supreme Court had ordered an NIA probe into the conversion, after the counter terrorism organisation said that Hadiya's conversion had been part of an organised effort.
There were also accusations that her husband Shafin Jahan had been a member of the Popular Front of India, known for its radical views.
Previously when the SC ordered an NIA probe into the case in August, the Kerala government had not objected to it.
Now, the counter affidavit comes at a time when CJI Dipak Misra questioned the Kerala HC's decision to annul the marriage and also questioned its own previous order asking for an NIA probe. These observations were made by the bench, while hearing a special leave petition filed by Shafin Jahan.
What does the counter affidavit say?
In its affidavit, the state has said that the Kerala police has investigated into Hadiya's conversion, her communication with varioys religious centres she approached and personal details of Shafin Jahan and his antecedents.
"Investigation was conducted relating to all the incidents relating to the conversion of Hadiya, to Islamic faith. A detailed investigation was done into the role of the various persons involved in such conversions. Detailed investigation was conducted with regard to the religious institutions Hadiya went for islamic studies. The details of the persons who administer such institutions are also collected," reads the affidavit.
Police have probed people who contacted Hadiya and the people she had contacted.
"The details of the persons she contacted during these days were also collected. The details of the person who contacted her also collected. The places she visited during these days were also investigated. he personal details and family background and other details of Shafin Jahan were collected. "
"The antecedents of Shafin was investigated and the details of the crime cases in which Shafin Jahan involved are also investigated and the details of his involvement in Facebook groups and other social media were also collected. "
During the course of the case, Hadiya had said in court that she had met Shafin through a matrimonial website called Way to nikah.com. The police said that they conducted investigation into the duo's activities on the website.
"The incidents relating to the marriage between Hadiya and Shafin was also throughout investigated. All the data relating to their respective visit in the website "waytonikah.com." was collected.The details of persons involved, people attended, financial arrangements, and other details of the marriage was investigated," the affidavit said.
The police also looked into the matter of trafficking Hadiya outside the country. as claimed by her father Ashokan.