In Love Jihad Hearing, What Justice Mishra Did is an Example in Indian Judiciary

The Supreme Court on Monday disapproved of the loud arguments of lawyer Dushyant Dave and objected to his accusation against BJP members that they were attempting to destroy communal harmony in Kerala by terming his client Shafin Jahan’s marriage to Akhila+ aka Hadiya ‘love jihad’.

“We will not hear you today…You are in Supreme Court, you are bringing all sorts of people. You have to restrict yourself to Constitutional questions”, the bench, which also included Justices A M Khanwilkar and D Y Chandrachud, told senior counsel Dushyant Dave who referred to recent rallies by Shah and Yogi in Kerala.

Dave spared no one and targeted the Kerala high court judges for annulling the marriage, and entrusting Hadiya’s custody to her parents. He slammed the decision asking the NIA to probe+ alleged ‘love jihad’ despite there being no supervising retired SC judge as mandated by the SC order, besides faulting UP chief minister Yogi Aditya Nath for going to Kerala and “fuelling communal hatred”. He contrasted it with President Ram Nath Kovind’s speech eulogising the culture of accommodation in Kerala.

Dave’s arguments, in response to submissions of additional solicitor general Maninder Singh that the NIA had found a pattern in “young Hindu girls being brainwashed to convert to Islam and marry Muslims”, and the impatience shown in hearing the court’s view made a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud stop the arguments midway.

Jahan challenged this in the Supreme Court where a bench, headed by then Chief Justice of India J S Khehar, said it would also look into claims by her father that there was more to the case than meets the eye and ordered an NIA probe into it. Jahan approched the court again on September 20 after Justice Khehar demited office and Justice Misra had taken over as the new CJI, seeking recall of its order directing NIA probe. It was alleged by the bride’s father that the woman was fraudulently converted for recruitment to Islamic State’s mission in Syria and Jahan was only a stooge.

Opening his arguments, Dave said “there was great sensitivity to this matter” and cited President Ram Nath Kovind’s statement on Sunday that lauded the state for its pluralistic character.

“We are not interested in politics on what CPM or BJP does…There is a serious attempt to vitiate the atmosphere in the matter of inter-faith marriages. Interfaith marriages are part of our culture, tradition,” Advocate Dushyant Dave said.

Source: http://mailonnews.com/2017/10/10/all-sc-judges-are-not-same-today-in-love-jihad-hearing-what-justice-mishra-did-is-an-example-in-indian-judiciary/

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