Kerala 'love jihad' case No need for NIA probe Pinarayi Vijayan government tells Supreme Court
10 October, 2017, 21:23
The bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud took serious note of Dave's allegations.
Last week, the same bench, while hearing another case, had denied that most apex court judges were "pro-government", alluding to an allegation Dave had made in a TV interview. The SC adjourned the hearing in the case to October 30. A habeas corpus petition is filed in the Kerala High Court.
As the bench objected to the naming of politicians as the issue was purely legal, Dave said his client was concerned about the safety of his wife, who had married him "willingly" but her "liberty has been taken away by a judicial order". He contrasted it with President Ram Nath Kovind's speech eulogising the culture of accommodation in Kerala. Counsel for the National Investigation Agency (NIA) Maninder Singh said "the counsel is adopting the trend to brow beat this court, which should not be allowed".
The court also refused an interim stay on a Kerala High Court order that had annulled Muslim man Shafin Jahan's marriage to 24-year-old Akhila aka Hadiya and restored her custody to her parents, agreeing that extremists had brainwashed her into converting and radicalised her.
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"The father can not say "I must have her in my custody because she is my daughter".' Two more similar cases had landed in the court - one by a Kerala woman whose daughter converted to Islam and was 'recruited" into ISIS in Afghanistan, and the other by a woman of Latur in Maharashtra. In the interest of justice it would be appropriate and just to recall the order of this Court dated 16.8.2017 to the extent of the directions to NIA to investigate this matter, and direct the Detenue to be produced before this Court, he said in the application.
However, Raveendran declined and yet it proceeded with probe, he added. The former alleged that the latter was a puppet in the hands of the Central government.
"I am disturbed that you are trying to browbeat the other side by such obnoxious statements. They have been using intimidation (tactics) continuously", the ASG responded.
"At least we only do it in court". As he said that this is a pattern that one will shout in the court, Dave retorted: "We do it in the court and not outside, as your government does". "Please restrict your arguments to the lis in question", remarked Misra J.
The state government said the police investigation was on when the Supreme Court directed the NIA to conduct an investigation into the case. According to the woman, she converted and married the youth, a native of Kollam, of her own free will.
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