The Supreme Court will hear the plea by Asokan, the father of Hadiya, a 24-year-old Hindu woman from Kerala who converted to Islam, for an in-camera hearing when she appears before the court in pursuance to its directions.
File image of Akhila, who converted to Islam in 2016 and took a new name, Hadiya. Reuters
The apex court, in its 30 October order, had directed Hadiya's to present her in the court on 27 November to ascertain her views on her marriage to a Muslim man, Shafin Jahan.
Hadiya, who has to depose before the Supreme Court in an alleged 'love jihad' case, said she wanted to be with her husband, as she was whisked away by her parents and security personnel to board a flight to Delhi on Saturday. "I am a Muslim. I was not forced. I want to be with my husband," the 25-year-old shouted as she was being taken inside the airport.
On Wednesday, the bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said that the application for an in-camera hearing of the proceedings when Hadiya appears before the court on 27 November would be taken up on that day itself after a lawyer mentioned Asokan's application for an early hearing.
The court in the last bearing had said that before examining the later issue, it would like to ascertain if she had voluntarily converted to Islam and to her marriage.
"We will have the lady before us and ask her if she has consented voluntarily" to conversion and marriage, the bench had said in the last hearing.
Telling the court in the last hearing that Hadiya has been indoctrinated, senior counsel Shyam Divan, who appeared for Asokan, had told the court that every statement by Hadiya should not be taken as "absolute" for this reason.
The court is hearing a plea by Shafin Jahan challenging the Kerala High Court order of May nullifying his marriage with Hadiya and seeking a recall of its order asking the National Investigation Agency (NIA) to investigate the conversion of Hadiya to Islam and her marriage.
The NIA in its earlier report has pointed to a "pattern" involving conversion to Islam and marriages in Kerala.
Published Date: Nov 27, 2017 05:51 pm | Updated Date: Nov 27, 2017 05:50 pm
Highlights
Date for next hearing has been set for third week of January
Deal will be responsible for Hadiya's well-being, orders Supreme Court
The Supreme Court ordered for Hadiya to be taken to Sivaraj Homeopathic medical college, Salem in Tamil Nadu by today or tomorrow, The News Minute reported. The court also asked women police police officers to be there in plain clothes around the college to ensure her safety.
"The dean will be responsible for Hadiya's well-being,"ordered Supreme Court.
Hadiya's college dean will be her guardian, orders Supreme Court
I want to be true my faith and go back to my husband: Hadiya tells Supreme Court
The court was adjourned for the day, as Hadiya voiced her demands in front of the three-judge bench of the Supreme Court. Hadiya's deposition will continue on Tuesday.
Hadiya also told the court:
"I want my husband to be my guardian."
"I have endured mental harassment and been in unlawful custody for 11 months. I want to go back to my college and continue my education."
"I want to be true my faith and go back to my husband."
Court adjourned for the day: SC to resume hearing tomorrow
"I was in unlawful custody for the last 11 months," Hadiya has told the Supreme court. Several reports said that Hadiya also told that she wants her husband to be her lawful guardian in case she decides to return to college.
The News Minute reports that the court was adjourned for the day and the Supreme Court will resume hearing of the case on Tuesday.
"My husband is there to take care of my expenses, why should I study on state expenditure: Hadiya
According to The News Minute, the court further asked Hadiya if she wanted to continue her studies on state expenditure, to which she replied, "My husband is there to take care of my expenses, why should I study on state expenditure?"
When asked by Justice Chandrachud about her dreams for the future, Hadiya reportedly said, "I want freedom."
In a normal case, we would have heard the girl and decided, but this is an unusual case: Supreme Court Justice Khanwilkar on Hadiya case
I want freedom, Hadiya tells Supreme Court
If it is established that the consent of the individual is not voluntary... what should the court do: CJI asks NIA counsel
While hearing theHadiya case of love jihad, Supreme Court asked NIA counsel, "Should we delink the larger issue of indoctrination with the specific case of Hadiya's marriage? At what stage can personal liberty be suspended by court?"
News18 reports: CJI Dipak Misra asks, “If it is established that the consent of the individual is not voluntary... what should the court do?”
Should we de-link indoctrination from Hadiya's case, Supreme Court asks NIA counsel
The NIA asked the three-judge Supreme Court bench to look at the 100-page report submitted by the agency before reaching any conclusion on the Hadiya case.
According to News18, the Supreme Court bench, headed by CJI Dipak Misra, then questioned if the larger issue of indoctrination needed to be de-linked from Hadiya’s case.
Hypnotic counselling, neuro-linguistic programming used to entice women: NIA
'Hypnotic counselling' and 'Neuro-linguistic programming' are methods used by radical organisations to entice young women to convert to Islam and marry Muslim men, the National Investigation Agency (NIA) has claimed, News18 reports.
In a fresh report submitted in the Supreme Court, the NIA has underlined that hypnotic counselling is a technique employed by certain people belonging to particular groups. According to NIA sources, there are trained people who use hypnosis to influence vulnerable women. These non-Muslim women are then "drifted off to an altered state of mind where they are made to believe in doing what the counsellors wish".
SC proceedings begin: A recap
Supreme Court proceeding in the love jihad case have begun. All three judges of the Supreme Court — CJI Dipak Misra, DY Chandrachud and AM Khanwilkar have assembled in the court.
Kapil Sibal and Indira Jaising are lawyers for Shafin Jahan – Hadiya's husband, while Additional Solicitor General Maninder Singh is appearing for the Centre. Advocate Shyam Divan and Madhavi Divan are appearing for Ashokan, Hadiya's Father.
The Supreme Court is currently deciding if the hearing will be in-camera or in open court
Here is the entire timeline of events
Hadiya's statement is more important than NIA's 'allegations', says Shafin Jahan's lawyer
According to latest reports, Hadiya's father reportedly told the Supreme Court that the atmosphere has become extremely communal. Ashokan, Hadiya's father, also requested the top court to revisit its decision of open court hearing.
Meanwhile, echoing Kapil Sibal's statement, Shafin Jahan's (Hadiya's husband) lawyer said that Hadiya's statement is more important than that of NIA's.
Hadiya case not an isolated one, part of several similar cases of love jihad: NIA tells Supreme Court
As the three-judge bench will start hearing the Hadiya case, the NIA has submitted a report stating that the case is not an isolated one, but is part of several similar cases, reported News18. The agency also said that Hadiya was not allowed to meet her father for over seven months.
Instead of asking what Hadiya wants, we are taking about the venom filled in news channels: Sibal
As a three-judge bench starts hearing the Hadiya case, senior advocate and Congress leader Kapil Sibal says: "I am really saddened Today, Instead of asking Hadiya on what she want, we are taking about the venom filled in news channels."
Shyam Divan pleads for in-camera proceedings
Senior advocate Shyam Divan argues for incamera proceedings
Supreme Court currently deciding if the hearing will be in-camera or in open
News18 reports that the first hearing regarding in camera proceeding has commenced.
Timeline of the 'Love Jihad case'
Matter being heard in the CJI's court
Three-judge bench to hear Hadiya case
A three-judge bench of the Supreme Court will hear the Hadiya case, reports LiveLaw. Senior Advocate Kapil Sibal and Indira Jaisingh will argue for Shefin Jehan, ASG Maninder Singh for the Centre and Senior Advocate Shyam Divan for Hadiya's father, Ashokan.
Hadiya arrives at the Supreme Court
Hadiya leaves Kerala House to go to Supreme Court
The court will first take up the question of whether the proceedings will take place in camera, according to CNN-News18. It will then hear Hadiya's statement on the matter.
Will the proceedings be in camera?
Hadiya's father said that the case should be heard in judge's chambers (in camera) as this matter should not be publicised, reports CNN-News18. If the judges decide to hear the matter in camera then the details of the matter will be slow in emerging.
Two hearings to take place
The first hearing as to whether the proceedings will be public or not will be held at 2 pm, reports CNN-News18. The actual hearing on the merits of the case will take place at 3 pm.
NIA claims that hypnotic counselling, neuro-linguistic programming is being used to entice women
'Hypnotic counselling' and 'Neuro-linguistic programming' are being used by radical organisations to entice young women to convert to Islam and marry Muslim men, the NIA has claimed, according to News18.
In its report submitted in the Supreme Court, the NIA has underlined that hypnotic counselling is a technique employed by certain people belonging to particular groups. According to NIA sources, there are trained people who use hypnosis to influence vulnerable women. These non-Muslim women are then "drifted off to an altered state of mind where they are made to believe in doing what the counsellors wish".
Kerala House in Delhi turns to fortress for Hadiya's stay
A day before the Supreme Court hearing in the controversial Love Jihad Case, the Kerala House in Delhi has turned into a fortress on the arrival of a new guest, reports News18.
A Kerala police team is accompanying Hadiya and her family members. Sources also said that an entire floor has been blocked for Hadiya, and 2-3 rooms have been booked for her and her family to stay. Delhi Police are also on alert for additional security.
Kerala a potential hotbed of Islamic State recruitment?
The NIA’s probe started in 2015 after the government identified Kerala, which sends tens of thousands of workers to West Asia, as a potential hotbed of Islamic State recruitment. Nearly half of Kerala’s 33 million people practice Islam and Christianity. Local police and the NIA said at least 100 people from Kerala have joined the Islamic State in Syria, Iraq and Afghanistan.
The NIA’s nine “Love Jihad” cases were based on complaints lodged by the parents of the Hindu girls and all were found to have links with Islamic State, the NIA police sources said. The agency dropped the investigations into the other 80 cases because no links to militants were found, the sources said.
Opposition says this is the usage of state apparatus to establish Hindu dominance in India
Opposition parties say the investigation shows the government is allowing the RSS and others to use the state apparatus to further an agenda of establishing Hindu dominance in India, where 13 percent of the population is Muslim, reports Reuters.
The RSS, which founded the first iteration of Modi’s ruling Bharatiya Janata Party six decades ago, believes India is fundamentally a Hindu nation. Since Modi’s election in May 2014, the RSS has expanded its membership and influence across India and either it or its affiliates now run key ministries, such as the home ministry that supervises the NIA and the finance ministry.
Muslims — who account for 172 million of India’s 1.32 billion citizens — have been under increasing pressure from the Hindu right. Muslims have been lynched for killing cows - considered sacred in Hinduism - and some of their slaughter houses forced to shut down.
Supreme Court to decide at 3 pm whether the hearing will be in-camera or not
Application for an in-camera hearing to be considered today
On Wednesday, a bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said that application for an in-camera hearing of the proceedings when Hadiya appears before the court on 27 November would be taken up today itself
17:50 (IST)
Date for next hearing has been set for third week of January
17:36 (IST)
Deal will be responsible for Hadiya's well-being, orders Supreme Court
The Supreme Court ordered for Hadiya to be taken to Sivaraj Homeopathic medical college, Salem in Tamil Nadu by today or tomorrow, The News Minute reported. The court also asked women police police officers to be there in plain clothes around the college to ensure her safety.
"The dean will be responsible for Hadiya's well-being,"ordered Supreme Court.
17:28 (IST)
Hadiya's college dean will be her guardian, orders Supreme Court
17:24 (IST)
I want to be true my faith and go back to my husband: Hadiya tells Supreme Court
The court was adjourned for the day, as Hadiya voiced her demands in front of the three-judge bench of the Supreme Court. Hadiya's deposition will continue on Tuesday.
Hadiya also told the court:
"I want my husband to be my guardian."
"I have endured mental harassment and been in unlawful custody for 11 months. I want to go back to my college and continue my education."
"I want to be true my faith and go back to my husband."
17:19 (IST)
Court adjourned for the day: SC to resume hearing tomorrow
"I was in unlawful custody for the last 11 months," Hadiya has told the Supreme court. Several reports said that Hadiya also told that she wants her husband to be her lawful guardian in case she decides to return to college.
The News Minute reports that the court was adjourned for the day and the Supreme Court will resume hearing of the case on Tuesday.
17:12 (IST)
"My husband is there to take care of my expenses, why should I study on state expenditure: Hadiya
According to The News Minute, the court further asked Hadiya if she wanted to continue her studies on state expenditure, to which she replied, "My husband is there to take care of my expenses, why should I study on state expenditure?"
17:08 (IST)
When asked by Justice Chandrachud about her dreams for the future, Hadiya reportedly said, "I want freedom."
17:04 (IST)
In a normal case, we would have heard the girl and decided, but this is an unusual case: Supreme Court Justice Khanwilkar on Hadiya case
17:01 (IST)
I want freedom, Hadiya tells Supreme Court
16:32 (IST)
If it is established that the consent of the individual is not voluntary... what should the court do: CJI asks NIA counsel
While hearing theHadiya case of love jihad, Supreme Court asked NIA counsel, "Should we delink the larger issue of indoctrination with the specific case of Hadiya's marriage? At what stage can personal liberty be suspended by court?"
News18 reports: CJI Dipak Misra asks, “If it is established that the consent of the individual is not voluntary... what should the court do?”
16:25 (IST)
Should we de-link indoctrination from Hadiya's case, Supreme Court asks NIA counsel
The NIA asked the three-judge Supreme Court bench to look at the 100-page report submitted by the agency before reaching any conclusion on the Hadiya case.
According to News18, the Supreme Court bench, headed by CJI Dipak Misra, then questioned if the larger issue of indoctrination needed to be de-linked from Hadiya’s case.
16:15 (IST)
Hypnotic counselling, neuro-linguistic programming used to entice women: NIA
'Hypnotic counselling' and 'Neuro-linguistic programming' are methods used by radical organisations to entice young women to convert to Islam and marry Muslim men, the National Investigation Agency (NIA) has claimed, News18 reports.
In a fresh report submitted in the Supreme Court, the NIA has underlined that hypnotic counselling is a technique employed by certain people belonging to particular groups. According to NIA sources, there are trained people who use hypnosis to influence vulnerable women. These non-Muslim women are then "drifted off to an altered state of mind where they are made to believe in doing what the counsellors wish".
16:12 (IST)
SC proceedings begin: A recap
Supreme Court proceeding in the love jihad case have begun. All three judges of the Supreme Court — CJI Dipak Misra, DY Chandrachud and AM Khanwilkar have assembled in the court.
Kapil Sibal and Indira Jaising are lawyers for Shafin Jahan – Hadiya's husband, while Additional Solicitor General Maninder Singh is appearing for the Centre. Advocate Shyam Divan and Madhavi Divan are appearing for Ashokan, Hadiya's Father.
16:10 (IST)
The Supreme Court is currently deciding if the hearing will be in-camera or in open court
Here is the entire timeline of events
16:05 (IST)
Hadiya's statement is more important than NIA's 'allegations', says Shafin Jahan's lawyer
According to latest reports, Hadiya's father reportedly told the Supreme Court that the atmosphere has become extremely communal. Ashokan, Hadiya's father, also requested the top court to revisit its decision of open court hearing.
Meanwhile, echoing Kapil Sibal's statement, Shafin Jahan's (Hadiya's husband) lawyer said that Hadiya's statement is more important than that of NIA's.
15:55 (IST)
Hadiya case not an isolated one, part of several similar cases of love jihad: NIA tells Supreme Court
As the three-judge bench will start hearing the Hadiya case, the NIA has submitted a report stating that the case is not an isolated one, but is part of several similar cases, reported News18. The agency also said that Hadiya was not allowed to meet her father for over seven months.
15:42 (IST)
Instead of asking what Hadiya wants, we are taking about the venom filled in news channels: Sibal
As a three-judge bench starts hearing the Hadiya case, senior advocate and Congress leader Kapil Sibal says: "I am really saddened Today, Instead of asking Hadiya on what she want, we are taking about the venom filled in news channels."
15:40 (IST)
Shyam Divan pleads for in-camera proceedings
15:27 (IST)
Senior advocate Shyam Divan argues for incamera proceedings
15:22 (IST)
Supreme Court currently deciding if the hearing will be in-camera or in open
News18 reports that the first hearing regarding in camera proceeding has commenced.
15:14 (IST)
Timeline of the 'Love Jihad case'
15:11 (IST)
Matter being heard in the CJI's court
15:10 (IST)
Three-judge bench to hear Hadiya case
A three-judge bench of the Supreme Court will hear the Hadiya case, reports LiveLaw. Senior Advocate Kapil Sibal and Indira Jaisingh will argue for Shefin Jehan, ASG Maninder Singh for the Centre and Senior Advocate Shyam Divan for Hadiya's father, Ashokan.
14:46 (IST)
Hadiya arrives at the Supreme Court
14:35 (IST)
Hadiya leaves Kerala House to go to Supreme Court
The court will first take up the question of whether the proceedings will take place in camera, according to CNN-News18. It will then hear Hadiya's statement on the matter.
14:03 (IST)
Will the proceedings be in camera?
Hadiya's father said that the case should be heard in judge's chambers (in camera) as this matter should not be publicised, reports CNN-News18. If the judges decide to hear the matter in camera then the details of the matter will be slow in emerging.
13:50 (IST)
For the VHP, love jihad continues to be a major obsession
13:35 (IST)
Two hearings to take place
The first hearing as to whether the proceedings will be public or not will be held at 2 pm, reports CNN-News18. The actual hearing on the merits of the case will take place at 3 pm.
12:40 (IST)
NIA claims that hypnotic counselling, neuro-linguistic programming is being used to entice women
'Hypnotic counselling' and 'Neuro-linguistic programming' are being used by radical organisations to entice young women to convert to Islam and marry Muslim men, the NIA has claimed, according to News18.
In its report submitted in the Supreme Court, the NIA has underlined that hypnotic counselling is a technique employed by certain people belonging to particular groups. According to NIA sources, there are trained people who use hypnosis to influence vulnerable women. These non-Muslim women are then "drifted off to an altered state of mind where they are made to believe in doing what the counsellors wish".
12:32 (IST)
Growing rhetoric around forced conversions is denting social fabric of state
Hadiya and Nimisha Sampath are among a few cases of conversion and inter-faith marriages that the Sangh Parivar is flaunting to portray Kerala as a land of 'Love Jihad'. The growing rhetoric over the so-called indoctrination and conversion is fast denting the social fabric of the southern state. Strains of ill-flatted claims and counter-claims have started becoming visible in the education sector with non-Muslim parents showing reluctance to send their daughters alone to colleges in Muslim dominated areas and marrying them off early.
Many professional colleges in north Kerala and neighbouring Mangaluru in Karnataka admit that the number of non-Muslim girls seeking admission in their institutions was showing a decline. The Muslim-managed institutions are worst hit. For many Hindu parents, these colleges are their last choice.
12:22 (IST)
Kerala House in Delhi turns to fortress for Hadiya's stay
A day before the Supreme Court hearing in the controversial Love Jihad Case, the Kerala House in Delhi has turned into a fortress on the arrival of a new guest, reports News18.
A Kerala police team is accompanying Hadiya and her family members. Sources also said that an entire floor has been blocked for Hadiya, and 2-3 rooms have been booked for her and her family to stay. Delhi Police are also on alert for additional security.
12:12 (IST)
Supreme Court had earlier refused plea by Hadiya's father to not conduct proceedings in open court
The Supreme Court had earlier in November refused to accord urgent hearing on a plea filed by Hadiya's father that interaction with the woman be conducted in-camera.
A bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud had said that it will deal with this plea on 27 November itself when the woman would be brought before it for interaction.
12:10 (IST)
Kerala a potential hotbed of Islamic State recruitment?
The NIA’s probe started in 2015 after the government identified Kerala, which sends tens of thousands of workers to West Asia, as a potential hotbed of Islamic State recruitment. Nearly half of Kerala’s 33 million people practice Islam and Christianity. Local police and the NIA said at least 100 people from Kerala have joined the Islamic State in Syria, Iraq and Afghanistan.
The NIA’s nine “Love Jihad” cases were based on complaints lodged by the parents of the Hindu girls and all were found to have links with Islamic State, the NIA police sources said. The agency dropped the investigations into the other 80 cases because no links to militants were found, the sources said.
12:02 (IST)
Opposition says this is the usage of state apparatus to establish Hindu dominance in India
Opposition parties say the investigation shows the government is allowing the RSS and others to use the state apparatus to further an agenda of establishing Hindu dominance in India, where 13 percent of the population is Muslim, reports Reuters.
The RSS, which founded the first iteration of Modi’s ruling Bharatiya Janata Party six decades ago, believes India is fundamentally a Hindu nation. Since Modi’s election in May 2014, the RSS has expanded its membership and influence across India and either it or its affiliates now run key ministries, such as the home ministry that supervises the NIA and the finance ministry.
Muslims — who account for 172 million of India’s 1.32 billion citizens — have been under increasing pressure from the Hindu right. Muslims have been lynched for killing cows - considered sacred in Hinduism - and some of their slaughter houses forced to shut down.
11:02 (IST)
RECAP: The origins of the case
Hadiya, a Hindu, had converted to Islam and later married Jahan. It was alleged that she was recruited by Islamic States' mission in Syria and Jahan was only a stooge.
Jahan had on 20 September approached the apex court seeking a recall of its 16 August order, directing the NIA to investigate the controversial case of conversion and marriage of a Hindu woman with him.
10:51 (IST)
Supreme Court to decide at 3 pm whether the hearing will be in-camera or not
10:36 (IST)
Recap: Hadiya's story so far
Hadiya, who converted to Islam and married a Muslim man Shafin Jahan, and her parents left from their house in a village near Vaikom in this district, accompanied by a police team which also comprised women personnel, for a two-hour long journey to the airport.
The direction by the apex court for producing the woman for an interaction came amid an assertion by the NIA that this was a case in which the woman was indoctrinated and she may be incapable of giving free consent to marriage.
A Supreme Court bench, comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, had asked senior advocate Shyam Divan, representing the father of the woman, to ensure she is produced before them to ascertain whether she had married of her own volition.
10:28 (IST)
Application for an in-camera hearing to be considered today
On Wednesday, a bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said that application for an in-camera hearing of the proceedings when Hadiya appears before the court on 27 November would be taken up today itself
10:27 (IST)
'I was not forced'
Hadiya, who is at the centre of the Love Jihad controversy, will appear before the Supreme Court today morning and present her side of the argument on her alleged forced conversion.
PTI reported that Hadiya, who arrived in Delhi on Saturday, said she wanted to be with her husband. "I am a Muslim. I was not forced. I want to be with my husband," she said.