Supreme Court: After the 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ refused the plea of Hadiya’s father Asokan to hold an in-camera hearing when Hadiya appears before it, Hadiya appeared before the bench and Senior Advocate Kapil Sibal said that Hadiya has the right to make her own decisions.
The Court heard National Investigation Agency (NIA) which submitted a 100-page report on the cases where Muslim boys have converted Hindu girls by marrying them and that the case of Shafin Jahan marrying Hadiya was also that of Love Jihad. Earlier, the Court had directed NIA to look into the matter in order to facilitate the Court in determining the extent of the ramifications of the issue and said that it will take a decision only after considering all the aspects i.e. NIA report, Kerala Police report and the views of the girl and had hence, directed the presence of Hadiya before it. The bench had also made it clear that it will speak to her not in camera but in open Court.
Kapil Sibal insisted that since Hadiya was present in the Court, it should listen to her and not NIA. When asked by the Court what does she want, Hadiya said:
“I want my freedom.”
Upon being asked whether she wanted to continue her studies on state’s expense, Hadiya said:
“I want to but not on state’s expense when my husband can take care of me.”
Removing her from the custody of her father, the Court directed that Hadiya be taken to college for her studies and that college should allow facility of hostel to her. The matter will now be taken up in the third week of January.