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Hadiya case

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Shafin Jahan v. Asokan K.M
CourtSupreme Court of India
Full case name Shafin Jahan v. Asokan K.M & ORS
Citation[1]
Case history
Appealed fromHigh Court of Kerala
Appealed toSupreme Court of India
Court membership
Judges sittingJustice Dipak Misra
Justice Ajay Manikrao Khanwilkar
Justice Dhananjaya Y. Chandrachud
Case opinions
Hadiya, was allowed to re-join her Medical College to continue her studies. Court appointed the college's Dean as Hadiya's guardian. Final judgement pending in January 2018.

Hadiya (also known as Akhila Ashokan) is a 24 year old homeopathic medical student from Vaikom, Kerala. In early 2016, after she went missing, her father initially filed a police case and then a high court case to trace her. She was staying with A.S. Zainaba, president of Popular Front of India (PFI)'s women's wing National Women's Front (NWF).[2][3][4][5] She had converted to Islam and married a Muslim man Shafin Jehan, whom she claimed to have met through a matrimony website.[3] Shafin Jehan, an active member of PFI affiliated Social Democratic Party of India (SDPI), has four criminal cases against him, all of a political nature.[4] Her family alleged she was brainwashed and her marriage was forced, but Hadiya says she did of her own volition.[6][7] In May 2017, Hadiya's marriage was annulled by the High Court of Kerala on the grounds that the sudden wedding was held under suspicious circumstances, as claimed by her father, Ashokan.[8] National Investigation Agency (NIA) submitted to Supreme Court of India (SC) that she was one of a victim of indoctrination and psychological kidnapping, claims that their marriage was arranged through a matrimony website were totally false, and her handlers who arranged her marriage were only looking for active worker of PFI as her groom. [8] Islamic conversion organisation "Sathya Sarani" placed Zainaba as the handler of Hadiya.[2] Both Shafin Jehan (of SDPI) and Zainaba (of SDPI, NWF and Sathya Sarani) are also members of their parent organisation PFI.[9][3] NIA had recommended banning PFI under Unlawful Activities (Prevention) Act as it has been involved in terror acts, including running terror camps and making bomb, with plans to carry out terror attacks in South India by involving the outfit Islamic state Al-Hindi.[4] PFI also has connections with Pakistan's ISI and banned Islamist terrorist organisation SIMI.[10][11][12][13][5]

In November 2017, the Supreme Court of India directed her to resume her internship. Further proceedings, including the matter of annulment of her marriage will happen in January 2018.[14][9]

This case is often reported in media with headline containing the term love jihad.[7][8][9][15][16]

Stakeholders

Key organisations and people involved and mentioned in Hadiya's High Court and Supreme Court cases are as follows.

    • Sathya Sarani: An Islamic conversion institute.[2] An affiliate of PFI, NWF and SDPI. Sathya Sarani appointed Zainaba as Hadiya's handler.[2]
    • Islamic state Al-Hindi (ISIS (India chapter): A terrorist organisation, allegedly PFI's partner in their plan to launch terror attacks in India.[4]
  • People
    • Hadiya (Akhila Ashokan): She converted to Islam.[3]
    • A.S. Zainaba: The handler of Hadiya appointed by "Sathya Sarani".[2] She is a member of PFI and the President of PFI's women's wing NWF. She and Shafin Jehan are also members of PFI's other wing SDPI.[2][3][4][5]
    • Shafin Jehan: He has 4 criminal cases against him.[4] He married Hadiya.[4][3] Marriage was annulled by the High Court.[8] He filed the case in Supreme Court to gain access to Hadiya.[8] He is member of SDPI and PFI.[4]
    • Asokan K. M.: Akhila's father, an atheist and ex-serviceman, who went to police and High Court that his brainwashed daughter Hadiya's marriage was based on forced conversion and her safety was at risk.[4]
  • Government organisations
    • Supreme Court of India (SC): Currently hearing the ongoing case filed by Safin Jehan to gain access to Hadiya.
    • National Investigation Agency NIA: India's premier national agency that investigates terrorism cases, was asked by the SC to investigate if there has been large scale systematic forced conversions to Islam with the view to carry out terrorist activities. NIA told SC that Hadiya is "a victim of indoctrination and psychological kidnapping", claims that their marriage was arranged through a matrimony website were totally false, and her handlers who arranged her marriage were only looking for active worker of radical outfit PFI as her groom.[8] NIA had recommended to SC and government to ban PFI as it runs terror camps and makes bomb, with plans to carry out terror attacks against India with the help of Islamic state Al-Hindi.[4]

Religious conversion

Hadiya, who grew up as Akhila Ashokan, belonged to a family from Vaikom, Kottayam. She is the only child of an atheist ex-serviceman, K.M. Ashokan and his wife Ponnamma. She lived with her parents and studied at local schools until 12th standard, which she passed at the second attempt.[17] While pursuing her bachelors degree at Sivaraj Homeopathic Medical College at Salem, she converted to Islamic faith.[3][9] On 6 January 2016 Akhila went missing from a house in Selam, where she was staying with her friends, Faseena and Jaseena, and parents filed the police complaint against the friends and their father Aboobacker for taking her away.[3] The reason for her conversion is not clear, but she later insisted in the High Court that it was a personal choice, her family argued that she is the victim of love jihad, and court annulled her marriage with the observation that she was a "weak and vulnerable girl capable of being exploited".[17] Court also said in its order that "Shefin Jahan is one such person who has been assigned to play the role of going through a sham of a marriage with Ms. Akhila, with the object of transporting her out of India."[3] She became interested in Islam after seeing two of her collegemates, Faseena and Jaseela.[18] She told the court that she was "impressed" by her friends' "timely prayers and good character."[3] She told the court she had been practicing Islam for 3 years without formally announcing the change of faith, but she started the legal procedure for conversion only by September 2015.[3][17] Her parents learnt about the conversion when she refused to participate in her grandfather's funeral ritual at her home.[18][17] She subsequently returned to college wearing a headscarf.[17]

In January 2016, Akhila left her home and joined a course on Islam at "Therbiathul Islam Sabha", a Kozhikode Islamic study centre, as an 'external candidate' after filling an affidavit that she converted on her on accord. She planned to stay at her roommates' residence in Kerala during the study period. However, her roommates' father Aboobacker refused to let her continue at his residence, following which she approached Satya Sarani, an educational institution and conversion centre at Manjeri, Malappuram. While at Satya Sarani, she stayed with A.S. Zainaba, president of NWF and member of its parent radical Islamist organisation PFI as well as member of PFI's other front SDPI.[2][3][4] NWF is women's wing of PFI.[19] PFI, having links with banned Islamist terrorist organisation group SIMI[10][11][12] and Pakistan's ISI,[13][5] is involved with Islamic terrorist acts and groups.[20][21][11][22]

Meanwhile Hadiya's father had filed a missing person's police case,[2] and after being unable to trace her, he filed the first case in the high court.[3][2][15][16]

High Court lawsuit

In February 2016, Akhila's father Ashokan filed a missing person's case at the local police station.[2] Following the case, Aboobacker was arrested by the police.[2] Despite the police case, Akhila could not be traced,[3] meanwhile Akhila was in contact with the "Sathya Sarani" organisation which placed Zainaba in charge of Akila.[2] During this period, she changed her name to Hadiya.[2] At the High Court of Kerala, Hadiya's father filed a habeas corpus petition alleging that Satya Sarani has involved in "forced and illegal" religious conversions. Hadiya testified that she was staying with Zainaba out of her free will. The court dismissed Ashokan's petition and let Hadiya continue learning Islam and live with Zainaba, observing that she was not in illegal confinement.[2]

Following this, Ashokan filed a second petition in August 2016, alleging that Hadiya is likely to be transported out of the country after getting her married off to a Muslim man. The High court passed an interim order to keep Hadiya in surveillance to ensure that she was not taken outside of India. While she was in surveillance, the police found that she has moved from Zainaba's house to an undisclosed location. [3] Though Hadiya denied the plan to travel abroad, the court directed her to stay at a women's hostel in Kochi.[2] In September, the court let her live with Zainaba again, when she testified that she does not posses a passport, and pleaded that she was being lodged in the hostel "for no fault of hers". On December 19, the court directed Hadiya to move to the college hostel in Salem to complete her medical studies. Her father, Ashokan, was asked to produce her certificates on December 21 so that she could resume her studies.[3]

Sudden marriage

On 21 December 2016, Akhila appeared before the high court accompanied by "a stranger."[3] This was nearly a year after she had left home and formally converted, she appeared in court with a man named Shafin Jahan, who she said she had married.[18] Shafin Jehan is an active member of SDPI[4] and allegedly also a member of the radical Islamic outfit PFI,[23] with 4 criminal cases against him.[4] SDPI is political front of Islamic fundamentalist organisation PFI.[24][25][26][27][28][29] Hadiya married Shafin Jehan on 19 December 2016, the same day she had appeared before the court.[4][23] The marriage was solemnized under Muslim law. Hadiya's lawyer later informed that she had signed up on a Muslim matrimony website "Way to Nikah", and that Shafin's proposal came through the site.[3][30] In May 2017, the High Court annulled Hadiya's marriage with Shefin, and sent her to her parent's house in Vaikom.[18]

Although the court order was to only provide her police protection, she was not permitted by her father to leave her home or meet anyone,[18] an allegations denied by her father as she was fully surrounded by police inside and outside the house.[9] Chairperson of State Women's commission,[31] and several activists were prevented from meeting Hadiya, among those a trespassing case was registered against seven people.[32] However, the chairperson of National Commission for Women visited her and noted that she was "happy and smiling", "her health and security are good", and that Hadiya did not report any atrocities or harm done to her.[15][23]

At Supreme Court

Her husband, Shafin Jehan approached the Supreme Court for challenging the High Court order. At Supreme Court, Hadiya expressed her will to continue practicing Islam, live with her husband and complete her internship. She told that she was unlawfully kept under custody at her parents' home and demanded freedom.[16] NIA, which investigates terror cases, was asked by the court to investigate if there are organised groups attempting to recruit Hindu women as terrorists by getting Muslim men to convert and marry them, had submitted to court that Hadiya's is an example of "psychological kidnapping", there is evidence of nearly 90 "similar cases" of indoctrination and radicalisation in Kerala, that that the court should not go by her statement.[15][23] Evidence adduced by the NIA showed that claims that Hadiya met Safin Jehan through matrimony website was "totally false and entirely bogus".[8] NIA further alleged that the only condition of the handlers who arranged their marriage was that the groom should be an active worker of the PFI, a radical outfit.[8] The judges were livid with what had happened and questioned why the court had been kept in the dark regarding the marriage.[3] The court raised several doubts about the hurried nature of the marriage, and doubted the manner in which the wedding ceremony was conducted.[3]

The Supreme Court allowed her to return to Salem and pursue her internship. Further hearing in this case, including the decision on the annulment of marriage will be considered by the court in January 2018.[33] Hadiya responded that she was happy with the Supreme Court's decision allowing her to continue her education.[34]

See also

References

  1. ^ http://scobserver.clpr.org.in/wp-content/uploads/2017/11/Hadiya-Testimony.pdf
  2. ^ a b c d e f g h i j k l m n o p Jacob, George (30 October 2017). "How Akhila became Hadiya". The Hindu. The Hindu. Retrieved 28 November 2017.
  3. ^ a b c d e f g h i j k l m n o p q r s t u v "From Akhila to Hadiya: What exactly is the Kerala 'Love Jihad' case all about". The News Minute. News Minute. 19 August 2017. Retrieved 28 November 2017.
  4. ^ a b c d e f g h i j k l m n o p "Islamist Popular Front Of India 'Involved In Terror Acts', NIA Submits Report To Govt Recommending Ban". Outlook (magazine). 12 September 2017. Retrieved 28 November 2017.
  5. ^ a b c d e "retired indian army claimed that PFI". Indian Defence Review. 28.2. Apr–Jun 2013. {{cite journal}}: |access-date= requires |url= (help)
  6. ^ "Court intervenes in 'love jihad' case". BBC News. BBC. 27 November 2017. Retrieved 28 November 2017.
  7. ^ a b Taneja, Richa. "Hadiya's Story: A Timeline Of Kerala 'Love Jihad' Case". NDTV.com. NDTV. Retrieved 28 November 2017.
  8. ^ a b c d e f g h i "Hadiya case: Critical findings demolish petitioner's case, says NIA in court". Indian Express. 28 November 2017. Retrieved 28 November 2017.
  9. ^ a b c d e f g "'Love jihad' case: Cannot have a terrorist in the family, says Hadiya's father - Times of India". The Times of India. 28 November 2017. Retrieved 28 November 2017.
  10. ^ a b c "Police unearth CDs of Taliban like terror module in Kerala". Sify.com. Retrieved 2014-04-15.
  11. ^ a b c d "PFI, NDF Involved in CPI(M), RSS Cadres' Murders: Kerala". News.outlookindia.com. Retrieved 2014-04-15.
  12. ^ a b c "Students Islamic Movement of India (SIMI)". Retrieved 24 August 2012.
  13. ^ a b c India's Special Forces: History and Future of Special Forces. Vij Book India Pvt Ltd. 2013. ISBN 9789382573593.
  14. ^ "Kerala conversion case: Hadiya demands freedom; SC allows her to resume studies, sets next hearing in January". The Indian Express. Indian Express. 27 November 2017. Retrieved 28 November 2017.
  15. ^ a b c d Koshy, Sneha Mary. "Hadiya 'Smiling And Safe', Says Women's Panel After Visiting Kerala Woman In 'Love Jihad' Case". NDTV. NDTV. Retrieved 28 November 2017.
  16. ^ a b c "Kerala love jihad case: 'I want freedom', says Hadiya; SC allows her to resume medical studies in Salem". Firstpost. First Post. 28 November 2017. Retrieved 28 November 2017.
  17. ^ a b c d e Jacob, George (14 October 2017). "Who is Hadiya?". The Hindu. Retrieved 28 November 2017.
  18. ^ a b c d e "Hadiya did not convert for love: Misconceptions busted and case explained". The News Minute. News Minute. 26 November 2017. Retrieved 28 November 2017.
  19. ^ "Cops manhandled women during PFI raids: NWF". The New Indian Express.
  20. ^ Inside a Mangalore jail, two deaths and a communal crack
  21. ^ "NIA report on Popular Front of India's 'terror links' on government table". The Indian Express. 2017-09-12. Retrieved 2017-09-26.
  22. ^ "Kerala Police unmasks PFI's terror face". The New Indian Express. 28 April 2013. Retrieved 21 April 2015.
  23. ^ a b c d "Kerala's Hadiya safe, 'happy and smiling', says women's panel post-visit". Deccan Chronicle. Deccan Chronicle. 6 November 2017. Retrieved 28 November 2017.
  24. ^ "On the back of a good showing, SDPI sets its sights higher". The Hindu. 12 May 2013. Retrieved 17 April 2014.
  25. ^ "New Party Formed". Times of India. 2009-08-11. Retrieved 2010-08-11.
  26. ^ "PFI spreading tentacles to Andhra,says police chief", Indian Express, 12 August 2010
  27. ^ "Kerala Police unmasks PFI's terror face".
  28. ^ "HuJi, Popular Front of India under lens for hate messages - Times of India". Retrieved 2016-09-09.
  29. ^ "In a pluralistic part of India, fears of rising Islamic extremism". washingtonpost.com. Washingtonpost.
  30. ^ Philip, Shaju (26 May 2017). "Day after Kerala HC annuls marriage with Muslim convert, man vows to fight 'injustice'". The Indian Express. Retrieved 28 November 2017.
  31. ^ "Josephine says she is prevented from visiting Hadiya". The Hindu. The Hindu. 14 November 2017. Retrieved 28 November 2017.
  32. ^ "Hadiya case: 7 booked for trespassing for trying to meet her while she's under house arrest". The News Minute. 31 August 2017. Retrieved 28 November 2017.
  33. ^ Chowdhary, Amit Anand. "Supreme Court allows Hadiya out of father's custody to resume studies in Tamil Nadu - Times of India". The Times of India. The Times of India. Retrieved 28 November 2017.
  34. ^ Staff, Scroll (28 November 2017). "Kerala conversion case: Hadiya says she is happy with SC order allowing her to finish her education". Scroll.in. Retrieved 28 November 2017.
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