Published: Sat, March 10, 2018
Global | By Enrique Rogers

Shefin Jahan, Hadiya head to Kerala following SC order

Shefin Jahan, Hadiya head to Kerala following SC order

Ms Jahan and her husband appealed after the high court in the state of Kerala annulled their marriage.

Her family alleged she was brainwashed as part of an anti-Hindu conspiracy, prompting a lower court to annul the marriage.

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".

A source from the college shared with DC that she has requested not to have police protection for now.

"The Supreme Court has not cancelled the NIA investigation".

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The case of Hadiya, who converted to Islam and married Shedfin Jahan, was one of the 11.

Earlier, Asokan's counsel Shyam Divan had told the court that "the concept of marriage between consenting adults is being employed to defeat the as to give effect to the act of trafficking (to West Asia)".

It was during the hearing of this case, where Supreme Court had asked the National Investigation Agency to investigate what the Kerala High Court has observed about the conversions and marriages by organizations while asking Hadiya about her opinion on her marriage with Shefin Jahan. Singh said: "Investigation is nearly complete except two persons who left overseas. I will try to convince the court about it once again", he said.

The court had had permitted to continue with the probe, but also added that it would not involve the Hadiya case. However, while probing such cases, a delicate balance has to be maintained between upholding an individual's right to choose her faith and a partner and unearthing any possible organised terror link unknown to the targeted person. The Supreme Court has also essentially thrown cold water on the ardour of the National Investigation Agency, which now says it has no evidence that the young couple had planned to escape to Syria to join ISIS. "We have interacted with the girl", Justice Misra said. But we can not touch the marriage.

Singh urged the court not to take the case lightly saying it was "not a one-off case, there was a common pattern and modus operandi for luring vulnerable girls to convert to Islam by feigning love and the same group of people, who have been identified by the NIA, was behind it".

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