The SC has asked NIA and Kerala government to submit all documents pertaining to the case.

Hadiya case SC says Kerala HC findings on Islamic radicalisation serious
news Law Friday, August 04, 2017 - 17:29

Nearly three months after the Kerala High Court annulled the marriage of Hadiya, a Hindu who converted to Islam and married Shafin Jahan, the Supreme Court noted that the observations of the Kerala High Court in the case are serious.

On Monday, the SC directed the NIA and Kerala government to submit all documents related to the case. The SC also directed Hadiya's father Ashokan to submit proof of his claim that Hadiya was converted after being radicalised.

The top court was hearing a special leave petition filed by Shafin in July, after the HC annulled her marriage a few months ago. 

Hadiya was born with the name Akhila and is 24 years old. The apex court asked the respondents to submit the documents within one week.

According to reports, the SC said that Hadiya should be produced before it within 24 hours, if at all the court decides to summon her at any point.

The next hearing will be held on August 16.

Bar and Bench reports that Shafin's counsel Kabil Sibal argued that the apex court must hear Hadiya's version. However, dismissing the need to do so at the moment, Justice DY Chandachud said that the court will not meet Hadiya, "unless it was absolutely necessary." 

The court added that the Kerala HC had interviewed Hadiya, but she was unable to give any coherent answers. Advocate Madhavi Divan, who appeared for Hadiya's father Ashokan, too, objected to Sibal's arguments, stating that Hadiya was under the influence of a radical organisation. 

While Sibal argued that Hadiya was not a child, the court asked whether she knew Shafin, the man she got married to. 

To this, the lawyer said that theirs was an arranged marriage, which happened through a matrimonial website. The court wanted to know whether the man had any criminal record. 

According to the report, the court maintained that it cannot pass any orders without hearing the respondents. 

After the Kerala HC annulled their marriage in May this year, Hadiya was sent in the protective custody of her father. Following this, Shafin had moved the SC challenging the HC order. 

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