SupremCourt of India tells Kerala police to share records of 'Love Jihad' case
, Aug 10 2017,
A bench of Chief Justice J S Khehar and Justice D Y Chandrachud passed its direction on an application filed by the NIA.A bench of Chief Justice J S Khehar and Justice D Y Chandrachud passed its direction on an application filed by the NIA.
The Supreme Court on Thursday directed the Kerala police to share records of an alleged case of 'Love Jihad' with the National Investigation Agency.
A bench of Chief Justice J S Khehar and Justice D Y Chandrachud passed its direction on an application filed by the NIA.
The court rejected contention by advocate Haris Beeran, representing the Muslim man, that no permission should be granted to the NIA till he filed a response and it was examined by the court.
He said the Kerala police initially investigated the matter which was subsequently handed over to the Crime Branch on direction of the HC.
However, the apex court said, "Our impression is that the petitioner does not desire that the entire facts of the case may come before us."
"We direct the investigation conducted by Kerala police to be shared by the NIA to enable it to be alive to the situation that emanates," the bench added.
The court brushed aside objections made by the man's counsel.
"We have to see both sides. You want to us to close our eyes. We won't do it," the bench observed.
"We want the NIA to place on record if this is an isolated small pocket issue or it affects widely," the bench clarified.
The counsel's plea that it would mean doubting the investigation conducted so far in the case also could not convince the bench which asked him, "do you think NIA is some kind of external agency."
The court noted that on August 4, it had directed NIA to assist it and if it was not able to see the records, it would not be possible for the agency to do it.
On counsel's plea that the case has been wrongly projected as one related to 'Love Jihad', the bench said, "These are popular phrases used in media and social media, we are not going to go by it."
The petitioner husband Safin Jahan has challenged the HC's May order nullifying his marriage with a 24-year old Hindu girl, terming it as a case of 'Love Jihad'.
The HC had acted on a plea by the girl's father.
On August 4, the girl's father Ashokan K M claimed she fell victim to a “well-oiled radicalisation and conversion campaign” over there. The apex court had then asked him to produce all materials to substantiate his contention on August 16