By Muslim Mirror News
New Delhi : Hadiya alias Akhila has filed an affidavit before Supreme Court stating that she had embraced Islam and married on her own free will, and sought permission to live with her husband Shafin Jahan.
In her affidavit Hadiya has narrated her version of events from 2010, when she joined college, till date.
Hadiya begins her story by asserting that she embraced the Islamic faith and married Shafin Jahan of her own will and that there was no coercion.
“I hereby submit that I embraced the faith/religion of Islam on my choice as per my conscience and on my own free will after studying about Islam and thereafter I married a person, namely Shafin Jahan, the Petitioner herein, from the same faith as per my choice and on my own free will.”
It is her submission that despite the same, the High Court of Kerala did not heed to her submissions and proceeded to annul her marriage, though that was not a prayer in the petition before the High Court.
“despite the fact that I submitted repeatedly on affidavit, through my counsel and also in person, as the case may be, before the Hon’ble High Court of Kerala that I made the above choices (of my religion and my life-partner) on my own free will, the Bench of the High Court did not heed to my submission…
…As a result of the impugned judgment dated 24.5.2017, my marriage with the Petitioner was set aside, against the will of my husband and me. The same was also done despite the absence of any such prayer in the writ petition to set aside my marriage…
…through the impugned Judgment the Hon’ble Bench put me under confinement and annulled my marriage despite my many affidavits and submissions before the Hon’ble Bench clarifying that the reason for my not accompanying my parents is that they do not accept me as a Muslim and that they would not allow me to live as a Muslim”.
Telling the story of how she converted to Islam and married Shafin Jahan, Hadiya has also explained the circumstances surrounding her marriage, which the High Court had criticized as a sham to circumvent its jurisdiction.
As per the affidavit, during the hearing of September 27, 2016, the High Court had refused to interfere with “personal matters” and go into Hadiya’s marital status while releasing her from confinement in hostel.
“At this juncture, the advocate for my father, sought for an order to maintain status quo. When the Hon’ble Court asked him as to what he meant by status quo, he said that I would be wedded to somebody and by status quo he meant non marital status. Then, the Hon’ble High Court rejecting his request said openly that “This court cannot interfere in such personal matters”. Thus, I was released from the hostel, where I had been remaining confined by the earlier interim order dated 22.8.2016.”
Subsequently, her marriage was solemnized on December 19, 2016 and the application for registration of marriage was made on December 20, 2016. However, the High Court on December 19 sought her presence on December 21.
“I appeared before the Hon’ble High Court along with my husband. The marriage certificate dated 20.12.2016 issued from the Muslim Mahall Jama-ath and the receipt dated 20.12.2016 issued from the Othukkungal Panchayat showing submission of the application by us for registration of our marriage under the aforesaid Rules and payment of fees in respect thereof were submitted before the Hon’ble High Court.
But, on the same day, the Division Bench passed an interim order directing the police to confine me in SNV Sadanam Hostel at Ernakulam until further orders, and not to permit me to possess or use mobile phone and not to permit anybody other than my parents to meet me. In the said interim order, it was further directed that the Superintendent of Police shall cause an investigation to be conducted into my husband’s education, family background, antecedents and other details.”
Hadiya, in her affidavit, also narrates the ordeal she faced during her confinement first in the hostel, and later at home, pursuant to the High Court’s orders.
She has also alleged that the National Investigation Agency (NIA) tried to mislead her by portraying Shafin Jahan as a terrorist.
“the National Investigation Agency personnel came to me in the meantime. The NIA personnel had believed a story and were trying to establish that without any proof. The C.I. of the N.I.A. took my statement. The statement was not read out to me. The following are some of the questions they put forward.
Did I send Islamic videos to anyone before 2016?
Did I give candies to friends when I was in Salem?
When I answered that I do not remember, I was listed by them as liar. The NIA attempted to mislead me by portraying Shafin Jahan as a terrorist.
Finally, when the date to come to this Hon’ble Court was nearing, the Chairperson of the National Women’s Commission also came and had a talk with me. Later I came to know that after the meeting with me, she briefed to the media and gave false comments, which I have never told her.”
Hadiya ends her affidavit by praying that the judgment of the Kerala High Court be quashed and that she be allowed the liberty to choose her faith and husband.
Meanwhile, Hadiya’s father Asokan has also filed an additional affidavit in Supreme Court.
Asokan in his affidavit has alleged that respondent Satya Sarani is a front for PFI/ SDPI to traffic people out of the country.
“The Respondent No. 7 and 8 are nothing but a front for PFI/SDPI and/or agents thereof, just as the Petitioner is. Each one has played a role in engineering the deep and diabolical brainwashing of my daughter with an intent to traffic her out of the country to ISIS territory.”
Citing other victims who were trafficked out of the country, Asokan has submitted,
“Such is the power of indoctrination and psychological brainwashing by extremist elements. Respondent Nos. 7 and 8 have been steeped in a diabolical plan to identify and trap vulnerable youth, lure them into conversion and finally lead them out to ISIS territory to further the latter’s agenda. But for the High Court’s intervention, my daughter would have met the same fate as persons such as Nimisha, Bexin, Bestin and several other missing youth that have fled to ISIS training camps.”
Asokan has also stated that PFI has collected more than Rs. 48 lakh to conduct the case before the Supreme Court.
“The reason for Respondent No. 7 and 8 to take exceedingly unusual interest in conducting the case before High Court and before this Hon’ble Court is that in case this Hon’ble Court finds that the conversion of Akhila is shrouded in mystery, the marriage is fake etc. the same would be a great blow to Respondent No. 7 and 8 which would work as a clear impediment to illegal conversions and other unscrupulous and notorious activities that the said Respondents are doing regularly and on a considerable scale.”
Asokan has further stated that the Kerala government has taken no action in this regard despite having admitted on affidavit before the Supreme Court of connections between PFI and banned outfits such as Hizbul Mujahideen, Lashkar-e- Taiba and Al Qaida.
Interestingly, Asokan also claims he is neither a pawn nor controlled by anyone and is only concerned about the well-being of his daughter.
“The suggestion that I am a pawn or being controlled is a complete and absolute canard. I am only concerned for the safety and well-being of my only child. References to ‘Gau Rakshak’ and ‘Ghar Wapsi’ have no bearing whatsoever to the present matter relating to my daughter. I am not required to respond to allegations that do not concern me. In my view, illegal conversion centres need to be shut down with immediate effect.”