Gripping hearing today in #Hadiya case in Supreme Court: Read Proceedings

The brief but eventful hearing today in the Hadiya case was definitely an indicator of how gripping the case could be in the days to come.

. A Bench of Chief Justice JS Khehar and Justice DY Chandrachud grilled Senior Advocates Kapil Sibal and Indira Jaising , who appeared for Hadiya’s husband, before issuing notice to the respondents – Hadiya’s father and State of Kerala.

. Advocate Madhavi Divan appeared for Ashokan, father of Hadiya, who is respondent 1 in the matter.

. When the case came up for hearing, Sibal submitted that Hadiya should be produced before the court.

. “They have declared a marriage void. How can this be? She should be produced before the court. Your Lordships should interview her.”

. Madhavi Divan, however, strongly objected.

. “Please keep this matter on Tuesday. Heavens will not fall. The matter is very sensitive. There is far more than meets the eye” , submitted Divan, while also stating that the affiliations of the husband and the woman who converted Hadiya are all under scanner.

. Sibal retorted by stating that all these should be shown on record.

. “Whatever she has stated, let her show it on record.”

. “I will” , retorted Divan.

. “Do it now” , said Sibal.

. The Bench then proceeded to ask questions to Sibal and Jaising. CJI Khehar said,

. “Why does she have three names? We will not meet her unless it is absolutely necessary .”

. “It is absolutely necessary your lordships” , replied Jaising.

. It was then Justice Chandrachud’s turn. Quoting from the judgment, he said,

. “The judgment says that the High Court interviewed her and she could not give coherent answers.”

. Sibal vehemently denied it.

. Chandrachud responded by saying that heavens will not fall if Hadiya is not produced.

. “She has been in custody since May 20. She is not a child” , replied Sibal.

. “Did she know the person whom she married?” , asked CJI Khehar.

. Sibal said that she did not and that it was an arranged marriage through a matrimonial website.

. “She converted to Islam much before marriage. They started looking for alliances in August through matrimonial website and the marriage took place in December” , said Sibal.

. “Does the man whom she married have criminal antecedents?”, probed Khehar J.

. Sibal vehememtly denied the same.

. “No my lord. Where is the record for his antecedents?” , he asked.

. “Your own Facebook posts.” , was Chandrachud’s reply.

. The Court said that it will have to hear the respondents before passing any order.

. It then issued noticed to Hadiya’s father, Ashokan, the State of Kerala, and the National Investigation Agency. It also directed Ashokan to submit all relevant material on record within a week.

. Further, the Court also took an undertaking from the respondents stating that Hadiya would be produced before the Court within 24 hours, should the Court require her appearance.

. The matter will now be heard on August 16.

. Hadiya had converted to Islam of her own volition, and subsequently married a Muslim man Shafin Jahan. In a judgement dated 25 May this year , a Division Bench of the Kerala High Court annulled her marriage, terming it to be a “sham” and directed that Hadiya be placed in the protective custody of her Hindu parents.

. Her husband subsequently preferred an SLP before the Supreme Court challenging the decision of the High Court.

. Image of Kapil Sibal taken from here .

Gripping hearing today in #Hadiya case in Supreme Court: Read Proceedings

Murali Krishnan

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