Supreme Court liberates Hadiya in ‘love jihad’

The bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, said the NIA could investigate the matter but the issue of marriage has to be separated from any criminal conspiracy or criminal aspect. 

The court observed that the 25-year-old Kerala-based woman, Hadiya, who is alleged to be a victim of ‘love jihad’, had appeared before it and had specifically stated that she had married Shafin Jahan on her own. 

“She (Hadiya) had come before the court and said that she had married him (Jahan). Whether the person she has married is a good human being or not, it is for her to decide,” the bench said, adding “She is an adult. How can anyone say that she cannot marry X, Y or Z?” “Marriage has to be separated from criminal conspiracy and criminal aspects, otherwise it would create a bad precedent in law. They (NIA) cannot investigate into the marital status,” it observed. 

The bench also observed that it would examine whether the Kerala HC was correct in annulling the marriage while hearing a habeas corpus petition and was not concerned about the NIA probe. 

Additional Solicitor General Maninder Singh, appearing for the NIA, told the bench that substantial progress has been made in the investigation. To this, the bench observed, “We are not concerned with it (probe). Whether you carry on your investigation or arrest someone, we are not concerned.”