Adding a new dimension to the alleged love jehad case from Kerala under investigation by the National Investigation Agency (NIA), the Supreme Court on Tuesday sought to get behind the validity of the Kerala High Court order which annulled the marriage between a 24-year old girl and her Muslim husband.
The apex court had so far proceeded on the basis that the HC rightly annulled the marriage after talking with the girl and drawing conclusions as alleged by the girl's father that she was forcibly converted from Hinduism to Islam as part of an organised racket. It was on this basis the top court had directed NIA to get to the bottom of the case and investigate whether there was a pattern emerging from similar instances where girls from Hindu background were being converted and married to Muslim men, alleged to have links with international terrorist outfits.
However, on Tuesday, a bench headed by Chief Justice Dipak Misra felt there was no need to expand the scope of the appeal filed against the Kerala HC decision as only two questions of law emerged for its consideration. One, it said, whether HC was justified to annul the marriage of the girl and second, whether NIA investigation could be ordered into a specific case.
Senior advocate Dushyant Dave, who appeared for the Muslim husband, sought recall of the earlier apex court order by which NIA was asked to investigate and submit report to Court. Dave made a political argument by claiming that top BJP leaders from Muslim community too had married from Hindu community and questioned whether these marriages would also be reopened.
The Court posted the matter for hearing on Monday assuring Dave as well as the counsel for NIA that it will hear both sides.