Senior Advocate Dushyant Dave made vociferous submissions in the Hadiya case today before the Supreme Court of India..It was no holds barred as Dave argued before a Bench of CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. He questioned the wisdom of the Supreme Court in ordering an NIA probe, though the appeal was filed by the husband of Hadiya..“State is not in appeal, father is not in appeal, NIA is not in appeal. Your Lordships have gone beyond the jurisdiction and expanded the proceedings by ordering NIA probe.”.Dave further made some scathing arguments assailing the NIA probe..“This investigation shakes the foundation of this multi-religious country. Two high functionaries of BJP have married members of minority community. Will Your Lordships order NIA probe into it? This order sends terrible signals all over the world.”.ASG Tushar Mehta, appearing for NIA, sought adjournment in the matter. He also submitted that the court has to decide whether this is an isolated incident or there is a “pattern to this”..Interestingly, CJI Dipak Misra remarked that the High Court’s judgment by which it nullifed the marriage of Hadiya under Article 226 is the issue here. He said,.“Can the High Court, under Article 226, nullify a marriage…we want logical, legal arguments on this. No shouting. Instead of questioning legal foundation, you are straying here and there.”.The Court then proceeded to adjourn the case for October 9.
Senior Advocate Dushyant Dave made vociferous submissions in the Hadiya case today before the Supreme Court of India..It was no holds barred as Dave argued before a Bench of CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. He questioned the wisdom of the Supreme Court in ordering an NIA probe, though the appeal was filed by the husband of Hadiya..“State is not in appeal, father is not in appeal, NIA is not in appeal. Your Lordships have gone beyond the jurisdiction and expanded the proceedings by ordering NIA probe.”.Dave further made some scathing arguments assailing the NIA probe..“This investigation shakes the foundation of this multi-religious country. Two high functionaries of BJP have married members of minority community. Will Your Lordships order NIA probe into it? This order sends terrible signals all over the world.”.ASG Tushar Mehta, appearing for NIA, sought adjournment in the matter. He also submitted that the court has to decide whether this is an isolated incident or there is a “pattern to this”..Interestingly, CJI Dipak Misra remarked that the High Court’s judgment by which it nullifed the marriage of Hadiya under Article 226 is the issue here. He said,.“Can the High Court, under Article 226, nullify a marriage…we want logical, legal arguments on this. No shouting. Instead of questioning legal foundation, you are straying here and there.”.The Court then proceeded to adjourn the case for October 9.
