Breaking: Supreme Court orders production of Hadiya on November 27

Breaking: Supreme Court orders production of Hadiya on November 27

In a major development, the Supreme Court today ordered the production of Hadiya before it on November 27.

In modification of its earlier order, a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud ordered that Hadiya will speak in open court and not in camera.

The Court passed the order after vociferous submissions were made by Senior Advocates Shyam Divan and Kapil Sibal, as well as Additional Solicitor General Maninder Singh.

When the hearing began today, CJI questioned ASG Maninder Singh on how the marriage could be annulled in a Habeas Corpus petition.

Maninder Singh, appearing for NIA, submitted that this is a case in which the girl has been indoctrinated and hence court can invoke parental authority though she is a major.

“Indoctrination is an exception to free consent. It is recognised even internationally.

This girl has been indoctrinated and manipulated. In such cases the court can invoke parental authority.”

Senior Advocate Shyam Divan, appearing for Hadiya’s father Asokan, submitted that there is a well-oiled organisational apparatus operating for carrying out such activities.

“It (Kerala High Court) was not merely exercising jurisdiction under Article 226 but the frame of the petition was that there is an organisational apparatus operating. It consists of PFI and such organisations. They have students, preachers, psychologists etc and they radicalize impressionable minds.

The question is do courts respond to such radicalization or do they remain silent?”, asked Divan.

Divan also questioned the antecedents of Hadiya’s husband, contending that he has contacts with a person, who recruits people for ISIS.

“There are exchanges with that person on Facebook and Whatsapp…Kerala has a huge contingent of people who have joined ISIS. This is not a problem in Kerala but in other jurisdictions as well”, he said.

Senior Advocate Kapil Sibal, appearing for petitioner husband, objected to the submissions of Divan stating,

“He is saying that entire Kerala has gone to ISIS. And NIA investigates without authority of the court because the judge did not agree to take up the task“, he said.

He also stated that the allegations with respect to the antecedents of the husband are false and the same had been investigated by the Kerala Police.

The Court after hearing the parties proceeded to order the production of Hadiya before it on November 27.

On the last date of hearing, Senior Advocate Dushyant Dave had alluded to the whole issue as being a ploy by the Centre to disrupt the peaceful atmosphere in Kerala.

Read the order below. 

Loading content, please wait...
Bar and Bench - Indian Legal news