The case involving a Hindu girl from Kerala who converted to Islam and later married a Muslim man took an interesting turn on Thursday with the Supreme Court directing the Kerala Police to hand over the entire investigation records of the case to the National Investigation Agency (NIA).
The Bench of Chief Justice JS Khehar and Justice DY Chandrachud said, “If the NIA says there is no issue of national security involved, then we have no problem in going ahead with the matter.” The reason for the Court to say so emerged out of an objection raised by the girl’s father who has alleged it to be a case of love jehad where Hindu girls were forcibly converted in order to recruit them into extremist organisations. NIA will enquire and produce its investigation report to Court on August 16.
The petitioner Shafin Jahan had married the Hindu girl Akhila after she had converted to Islam and changed her name to Hadiya. On August 4, while issuing notice on Jahan’s petition to the Kerala Police and NIA, the Court required response even from the father of the girl submitting all relevant documents required for deciding this case.
The father had approached the Kerala High Court and got the marriage annulled following which Jahan approached the apex court requesting that his wife be produced to know her will as she was an adult aged 24 years.
On Thursday, the NIA moved an application claiming that it was not possible to assist the Court as the investigation was carried out by Kerala Police.
Moreover, NIA has jurisdiction to investigate scheduled offences and unless the Court requires it to investigate, it cannot access court records and submit any investigation reports.
Paving way for the same, the bench ordered, “We direct that the police investigation conducted in the State of Kerala, be shared by the concerned Investigation Agency with the NIA, so as to enable the NIA to be alive to the situation, to assist this Court on the next date of hearing.”
When the petitioner’s counsel Harris Beeran objected to NIA’s involvement in the case, the bench observed, “We have not the slightest hesitation in allowing the petitioner to file its response. However, we may record, that the impression which is gathered in opposing the instant application is, that the petitioner does not desire the correct and independent view of the controversy to emerge before this Court.”
The girl’s father had alleged that the petitioner was actively associated with Social Democratic Party of India (SDPI), whose associates are being probed by NIA for links with Islamic State.
Further, the petitioner too has criminal cases against him and the place where the girl was lodged is linked to Popular Front of India (PFI), which has been linked in the past to extremist activities.