Judicially separated by the Kerala High Court in the name of love jehad, Kerala girl Hadiya, aka Akhila Asokan, and her husband Shafin Jahan were united again by the Supreme Court on Thursday.
The apex court was convinced after talking to the adult woman that she married willingly and wished to remain away from her parents. However, the court allowed the National Investigation Agency (NIA) to continue its probe against Shafin for his alleged terror links.
It was only a coincidence that the order came on a day which marked International Women’s Day. The verdict came as a special gift for Hadiya, who had waited all along to be united with her husband after her father was successful in persuading the Kerala HC to annul the marriage and secure her custody. Shafin had challenged the HC order in the top court demanding his reunion with Hadiya.
Finding fault with the HC order of May 24, 2017, the Bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud said, “We hold that the High Court should not have annulled the marriage between appellant No.1, Shafin Jahan and respondent No.9, Hadiya, alias Akhila Asokan, in a habeas corpus petition under Article 226 of the Constitution of India.” The Bench added, “Article 226 of the Constitution is for the purpose of keeping alive constitutional rights and not to scuttle it, in this case the girl’s free right to choose her partner.”
The court felt that a habeas corpus petition allowed the High Court to examine where a person is in confinement. To rule out this possibility, the apex court had summoned Hadiya on November 27, 2017 to ascertain whether she was married forcibly or under pressure. “She appeared before this court and admitted her marriage with Shafin Jahan,” added the Bench. The court felt that once this was clear, the HC ought not to have decided on the marital status of the girl.
Additional Solicitor General (ASG) Maninder Singh presented a confidential report prepared by NIA that revealed there is an organised racket in Kerala to trap vulnerable girls who do not wish to be with parents and later get them married off to Muslim youth linked with terrorist organisations abroad.
The girl’s father, represented by senior advocate Shyam Divan, further pointed out that the court must see the larger picture emerging from this case as to how marriage is used as a device to prevent scrutiny by courts.
The Bench said that criminality of the petitioner is distinct from testing the validity of marriage which cannot be done in a habeas corpus petition. Releasing the operative part of its decision with a detailed order to follow later, the Bench observed that marriage made no difference at all as even without it, the girl was unwilling to return to her father.
Secondly, even if it is assumed that she was to be trafficked to Syria for terrorist activities, the Government can prevent her travel based on evidence, however good or bad her marriage is.
The court allowed Hadiya to pursue her future endeavours as she is currently undergoing her homoeopathy course with a college in Tamil Nadu on orders of the court. Meanwhile, her father stated that he will challenge the SC order by filing a review petition.