The Supreme Court had earlier restrained the National Investigation Agency (NIA) from holding an inquiry into the marriage between Shefin Jehan and Hadiya. New Delhi: Keralite woman Akhila Asokan, alias Hadiya, who is in the midst of a 'love jihad' controversy, has told the Supreme Court that she had willingly embraced to Islam and wants to remain a Muslim.
In an affidavit filed before the top court, 25-year-old Hadiya, a native of Vaikom in Kottayam district, also said that she had married Shafin Jahan on her own and sought the court's permission to "live as his wife".
She has also claimed that her husband, hailing from Kollam, 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 Islamic State.
The Supreme Court is taking up the Hadiya case on Thursday. The affidavit was filed prior to that.
Seeks compensation
Hadiya, belonging to Vaikom, has also sought compensation for being kept ‘under house arrest’ and ‘harassed’. She demands restoration of her ‘full freedom.’
The affidavit also seeks a probe into the visitors who met her during her ‘house arrest.’
Asokan files affidavit
Meanwhile, Hadiya alias Akhila’s father Asokan also filed an affidavit before the Supreme Court.
“Sathya Sarani based at Manjeri in Malappuram district has connections with the Popular Front. Sainaba is an active worker of Popular Front. Sainaba and Sathya Sarani are engaged in anti-national activities. They had planned to take Hadiya to Syria. The issue is not that Hadiya converted to Islam. As a father, my sole concern is regarding the safety of my daughter,” Asokan said in the affidavit.
The matter had come to the 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,” she said in her 25-page affidavit, claiming that she embraced Islam and married him on he own free will.
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 ordered NIA probe into a 'pattern' where some women were allegedly 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, the woman 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.
