SC to examine records to ascertain 'Love Jihad' claims

The Supreme Court on Friday asked the Kerala-based father of a Hindu girl, who got married to a Muslim man after converting to Islam, to produce material to support his claim that his daughter fell victim to a “well-oiled radicalisation and conversion campaign”.

A bench of Chief Justice J S Khehar and Justice D Y Chandrachud described the facts of the case as “serious and sensitive” as the husband of the 24-year-old girl challenged a Kerala High Court (HC) judgement that had nullified his marriage and described it as a case of “Love Jihad”.

“These are very sensitive issues. It is a serious matter,” the bench said as senior advocates Kapil Sibal and Indira Jaising, representing petitioner-husband Safin Jahan, questioned how the HC could quash the marriage of an adult girl and ignore the inquiry report by the police. They claimed the police did not find anything against the man.

The court issued notice to the Kerala government and the National Investigation Agency and sought production of all relevant material before it on August 16, the next date of hearing. Advocate Madhvi Divan, representing Ashokan K M, father of the girl, sought a week’s time to produce the material in the case.
However, Sibal and Jaising insisted on producing the girl, who has been sent to the custody of her father since May 24, to ascertain facts of the case by talking to her. The girl, pursuing BHMS course, got married in December.

Citing the case as an example of “Stockholm syndrome” (a condition where hostage develops affection or trust towards captors), Madhvi said, “Give me time to show how very well-oiled radicalisation and conversion campaign was going on there.”

The counsel claimed the real protagonists were extremist organisations, working behind the scenes to influence innocent women and convert them forcibly.

“This is a serious fact. We will examine records,” the bench said, rejecting the plea for production of the girl. Madhvi, for her part, agreed to produce the girl on the next date of hearing if the court desired.
The court directed that all the parties in the case must be notified by Saturday itself.

Additional Solicitor General Maninder Singh accepted the notice on behalf of the NIA.
After declaring the marriage “null and void” in May, the HC  ordered the Director General of Police of the state to conduct “comprehensive” investigation into cases of “Love Jihad” and the incidents of “forcible conversion”.

The HC had acted on a plea by the girl’s father, who alleged the role of extremist organisations in influencing his daughter.