Hadiya says, want to remain Muslim, stay with husband; alleges torture

In an affidavit filed in SC, Hadiya urged the court to set aside the judgement of the Kerala High Court which had annulled the marriage.

A Kerala-based woman, Hadiya, a medical student who has been at the centre of a court case regarding her custody and her request to live with her husband Shafin Jahan, has told the Supreme Court that she had willingly converted to Islam and wants to remain a Muslim.

In an affidavit filed before the top court, 25-year-old Hadiya also said that she had married Shafin Jahan on her own and sought the court's permission to "live as his wife". The case was heard last month and was posted for next hearing on Thursday 22 Feb in which context the affidavit has been filed. She had requested an opportunity to submit it and the court granted the same.

She has also claimed that her husband was wrongly portrayed as a terrorist by the National Investigation Agency (NIA) and he has nothing to do with the Middle East-based terror group ISIS.

The matter had come to fore when Jahan had challenged the Kerala High Court's order annulling his marriage with Hadiya and sending her to her parents' custody. On November 27 last year, the apex court had freed Hadiya from her parents' custody and sent her to college to pursue her studies, even as she had pleaded that she should be allowed to go with her husband.

"I respectfully reiterate that I am a Muslim and I want to continue to live as a Muslim ... I have been under confinement without the freedom that I am entitled to. Even now I am under police surveillance. I most humbly pray that my entire liberty may kindly be restored to me.

"Shafin Jahan is my husband, I want to continue to live as wife of my beloved husband and that I embraced Islam and married him on my own free will," she said in her 25-page affidavit.

She also urged the court to set aside the judgement of the Kerala High Court that had annulled the marriage terming it as an instance of 'love jihad'.

"I further pray that this Court may be kind enough to appoint my husband as guardian. I most humbly pray that this Court may be pleased to allow us to live together as husband and wife. Therefore, I most humbly pray that this Court may be pleased to allow the Special Leave Petition by setting aside the impugned judgment passed by the High Court," she said.

The top court had earlier allowed NIA to continue its probe into a 'pattern' the NIA alleged in cases where some women were being converted to Islam.

Later, the court decided to hear the major woman and interviewed her in the open court when she made an appeal for her freedom under the Constitution.

In her affidavit, Hadiya has told the court that "horrendous sufferings" were meted out to her for converting to Islam and marrying a Muslim boy.

"It appears to me that my father is under the influence of certain sections of people who are trying to use him. Otherwise, I do not see how my father, who is an atheist, would object to me changing my religion or marrying someone from a different religion.

"I further submit that all those people played and are still playing behind my father and all those errant personnel, both official and non-official, who subjected or caused to subject me to the horrendous torture and torments are liable to be brought to justice," she said.

The apex court had on January 23 made it clear that the National Investigation Agency cannot probe the marital status of Hadiya and Jahan.

"She (Hadiya) had come before the court and said that she had married him (Jahan). Whether the person she has married is a good human being or not, it is for her to decide," the bench had said, adding "She is an adult. How can anyone say that she cannot marry X, Y or Z?"

"Marriage has to be separated from criminal conspiracy and criminal aspects, otherwise it would create a bad precedent in law. They (NIA) cannot investigate into the marital status," the top court had observed.

In the affidavit Hadiya also requested compensation from those concerned and the State for "the agonies and sufferings" she was subjected to, as a result of her house arrest and illegal custody. She pointed out in the affidavit that following her marriage she was approached by many including those from Shiva Sakthi Yoga Centre (which was the subject of police enquiry following several complaints with the police, for making forceful re-conversion of a several women to Hinduism under torture). She stated that she was under intense pressure to give up Islam and had had suspicions about the food served to her, that she had complained about this to the police, but in vain. She also mentions having informed Rahul Easwar that she had fear for her life. She was visited by many people all of whom tried to coerce her back to her old religion. Although she informed Crime Branch about the torture, they expressed their inability to interfere in it. The affidavit also mentioned that "some personnel of the NIA behaved with me with a prejudice as if I am a criminal or a terrorist."

(With input from PTI)