Observer Desk

Posted on 03.10.17 by

Hadiya Marriage Case – Day 1 and 2 Arguments

The bench comprising of Chief Justice Kehar, Justices D.Y. Chandrachud and A.M. Khanwilkar began hearing the matter in Hadiya Marriage Case. The petitioner, Jahan challenged the Kerala High Court order which annulled Hadiya’a marriage  on suspicion of ‘forced’ conversion and Jahan’s suspected links with extremist organisations.

Day 1 – On 08.08.2017, the first day of hearing, the bench served notice to National Investigation Agency (NIA), to provide a neutral and unbiased assistance to the court in the matter. The bench asked NIA to conduct investigation under Section 6 of the National Investigation Agency Act, 2008, and place the outcome of enquiry before this Court. Mr.Haris Beeran, appearing for the petitioner vehemently opposed the involvement of NIA, the national counter-terrorist organisation in a private marriage matter. The bench was dissatisfied with petitioner’s objection and observed that the impression one gets is that the petitioner does not desire the correct and independent view of the controversy to emerge before this Court. In the meantime, bench directed that the police investigation conducted in the State of Kerala, be shared by the concerned Investigation Agency with the NIA, so as to enable the NIA to be alive to the situation. The matter was posted for 16th August.

Day 2 – On 16.08.2017, the second day of hearing, the petitioner began by revoking the objection to the NIA carrying out the investigation, subject to the Court assuring that the investigation is fair. To ensure that the investigation carried out by the National Investigation Agency was fair, the bench directed that investigation would be carried under retired SC judge, Mr. Justice R.V. Raveendran. The matter was posted for 3rd October.




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