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Kerala love jihad case: SC to hear Hadiya’s submission in open court on Nov 27

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File photo of Hadiya alias Akhila with her husband Shafin Jahan. Photo credit: Agencies

Supreme Court expresses surprise over Asokan seeking his adult daughter’s custody, says consent is prime and no law prevents marriage with a criminal 

The Supreme Court, on Monday (October 30), made it clear that any decision on the Kerala ‘love jihad’ case will only be taken after Hadiya alias Akhila – the Hindu girl who had married a Muslim man Shafin Jahan, a marriage that had been annulled by the Kerala High Court – had expressed her opinion in open court for which the time and date has been set for 3 pm on November 27.

The order of the apex court bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, is a modification of an earlier directive issued by the same court in which it had said that the statements of 24-year-old Hadiya before the SC will be recorded ‘in camera’.

The proceedings in what has come to be called the Kerala love jihad caseon Monday, saw high voltage arguments being put forth by senior advocates Shyam Divan and Kapil Sibal and Additional Solicitor General Maninder Singh – each of them trying hard to pursue their respective stands in the matter. The arguments were countered by equally pointed, often curt, observations by the apex court bench.

The proceedings on Monday began with the Chief Justice asking ASG Maninder Singh – who is appearing in the case on behalf of the National Investigation Agency (NIA) – on how Hadiya’s marriage with Shafin Jahan could be annulled in a Habeas Corpus petition.

Singh submitted that this is a case in which the girl has been indoctrinated and hence “court can invoke parental authority” though she is a major.

The Additional Solicitor General submitted that Akhila doesn’t want to be in the custody of her father, Asokan. A new application had been filed in the high court.

He said that as far as marriage is concerned “it is her personal consent. Who can say there is no free consent? I know my Lakshman Rekha and I am following the law. But the previous order passed by this court said the court has the authority to set the time of investigation. She married a criminal.”

The CJI asked: “Is there any law by which a girl can never fall in love with a criminal? I am really very surprised that her father wants custody of a major (she is now 25, was 24 when she married) person who is married to another major person.”

The ASG said: “We have to decide it within two or three hearings and the high court must know the fact that she does not want to be with her father.”

This is a critical part that the court would want to pay heed to. In a recent video made by social activist Rahul Eashwar in Kochi, Hadiya had said that her father was ill-treating her and that there was a threat to her life.  She has been quoted as saying in the video: “You have to get me out. I am sure I will be killed tomorrow or the day after. My father is getting angry, I know. When I walk, he is pushing me and kicking me. If my head or any body part hits somewhere and I die…”

The bench said thereafter: “Unless we call the person we cannot decide if she can express herself or if she has given consent. Then we can take a call. Prima facie you have to satisfy our constitutional obligation of producing her in court.”

Senior advocate Shyam Divan, who is appearing on behalf of Haditya’s father Asokan, reiterated the call for constitutional obligation. “When you talk about unity and diversity we are not going by impulse of society, but we will go by the law,” he said.

Arguing that “there is an organizational apparatus” operating for getting inter-religious marriages between Hindu girls and Muslim men operating, Divan said that this apparatus “consists of PFI and such organisations… They have students, preachers, psychologists etc and they radicalize impressionable minds.The question is do courts respond to such radicalization or do they remain silent?”

Leveling serious allegations against Hadiya’s husband, Divan told the top court that Shafin Jahan also questioned the antecedents of Hadiya’s has contacts with a person who recruits people for global terror outfit Islamic State.

Divan went on to submit that “Kerala has a huge contingent of people who have joined ISIS,” a contention that evoked sharp objections from senior advocate Kapil Sibal, who is appearing for Hadiya’s husband.

Asserting that Divan’s allegations against his client were “false and baseless”, Sibal said: “He (Divan) is saying that entire Kerala has gone to ISIS…the antecedents of Shafin Jahan had been investigated by the Kerala Police.”

The CJI, after hearing the heated arguments, directed Hadiya’s father to produce her on the next date of hearing, set for November 27.

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Parliament to take up anti-paper leak amendment bill, MSME reforms in Monsoon Session today

Parliament is set for a key legislative day as the Lok Sabha considers amendments to the anti-paper leak law and the Rajya Sabha discusses bills related to national honour and MSME reforms.

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Parliament

Parliament is set for an important day of legislative business on Tuesday, with both the Lok Sabha and the Rajya Sabha scheduled to take up key bills covering public examinations, national honour and the micro, small and medium enterprises (MSME) sector.

The Lok Sabha is expected to consider amendments to the law aimed at preventing unfair practices in public examinations, while the Rajya Sabha will deliberate on legislation related to national honour and reforms in the MSME framework.

Lok Sabha to consider Public Examinations Amendment Bill

Minister of State for Personnel Jitendra Singh is scheduled to move the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026 for consideration and passage in the Lok Sabha.

The proposed legislation seeks to amend the Public Examinations (Prevention of Unfair Means) Act, 2024.

The House will begin proceedings with the Question Hour. Later, several Union ministers, including Jitin Prasada, Ram Nath Thakur, Nityanand Rai, SP Singh Baghel, BL Verma, Bandi Sanjay Kumar and Pabitra Margherita, are slated to lay papers on the table.

Rajya Sabha to discuss national honour, MSME bills

In the Rajya Sabha, the Prevention of Insults to National Honour (Amendment) Bill, 2026 will come up for further consideration. Home Minister Amit Shah is expected to move the bill for passage after a discussion that followed a motion introduced by Minister of State for Home Nityanand Rai on Monday.

The Upper House will also witness the introduction of the Micro, Small and Medium Enterprises Development (Amendment) Bill, 2026 by Union Minister Jitan Ram Majhi.

According to the proposed legislation, the amendments seek to strengthen the mechanism for addressing delayed payments, facilitate the enforcement of arbitral awards and provide states with greater flexibility in deciding the composition of Micro and Small Enterprises Facilitation Councils.

NDA leaders attend ‘Mangal Milan’ meeting

Ahead of the day’s parliamentary proceedings, senior NDA leaders, including Amit Shah, Rajnath Singh and Nirmala Sitharaman, arrived for the alliance’s ‘Mangal Milan’ meeting.

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Centre first offered to shift Dharmendra Pradhan from Education ministry, CJP rejected: Reports

Sources claim the Centre initially proposed shifting Dharmendra Pradhan to another ministry during talks with the CJP, but protest leaders insisted only his resignation would end the agitation.

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As protests led by the Cockroach Janta Party (CJP) intensified in New Delhi over the demand for then Education Minister Dharmendra Pradhan’s resignation, the Centre initially proposed transferring him to another ministry instead of removing him from the government, according to sources.

The proposal was reportedly conveyed during negotiations between Union Ministers JP Nadda and Jitendra Singh and representatives of the CJP. However, the offer was rejected as the protest leaders maintained that only Pradhan’s resignation would meet their demand.

Centre proposed ministry change during first round of talks

According to sources, JP Nadda and Jitendra Singh met CJP representatives Saurav Das and Ashutosh Ranka at Nadda’s residence on July 20. The meeting took place while police action against protesters was underway in the national capital during the Parliament march called by the group.

During the discussions, the Union ministers reportedly suggested moving Dharmendra Pradhan from the Education Ministry to another portfolio in an effort to resolve the standoff.

However, the CJP negotiators rejected the proposal, reiterating that the protest would continue unless Pradhan resigned from the Union Cabinet.

Sources also said the ministers informed the CJP that appointing or reshuffling ministers was the Prime Minister’s prerogative.

CJP maintained resignation was the only acceptable solution

According to sources, the CJP refused to consider any compromise short of Dharmendra Pradhan’s resignation.

The negotiators reportedly believed that accepting a ministry change instead of a resignation would trigger a backlash from the protesters participating in the movement.

Dharmendra Pradhan resigned as Education Minister on Saturday, just hours before the third round of talks between the CJP and Union ministers. Following his resignation, the CJP announced that it was calling off its protest.

Rahul Gandhi also opposed a portfolio change

Leader of Opposition Rahul Gandhi had also said that merely changing Dharmendra Pradhan’s ministry would not satisfy students or the Opposition.

He had stated that Pradhan should be removed from the government, saying the former Education Minister had become “a symbol of the mess in the education system.”

Dharmendra Pradhan cited national interest in resignation note

In his resignation letter, Dharmendra Pradhan said he had stepped down to prevent what he described as anti-national forces from taking advantage of the agitation over examination paper leaks.

In a two-page resignation note posted in Hindi on social media, he said his decision was aimed at ensuring that the country’s unity remained intact and that students’ futures were not affected by legal complications, allowing them to focus on their studies and careers.

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CJP claims government assures protection for protesters after midnight meeting

CJP says the government has assured protection for protesters after a late-night meeting, with notifications expected from more BJP/NDA-ruled states while the party keeps its protest threat on hold.

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The Cockroach Janta Party (CJP) on Tuesday claimed it received fresh assurances from government representatives following a late-night meeting, with the group saying steps would be taken to protect protesters from legal action in more BJP/NDA-ruled states.

The development came hours after the party warned it could resume its agitation, alleging that promises made during earlier negotiations on police action against protesters were not being implemented.

CJP claims fresh assurances after midnight meeting

In a post shared on X at around 1 am, CJP Chief Spokesperson Saurav Das said government representatives met party leaders for nearly three hours and shared official notifications issued by the Bihar and Assam governments.

According to Das, the notifications guarantee the withdrawal of FIRs against protesters, the release of detainees and assurances that no future action will be taken against those who participated in the demonstrations.

He also claimed the government reaffirmed its commitment to issuing similar notifications from the Union government and other BJP/NDA-ruled states.

“Hopefully, the agreed upon language shall be used. No protester will be left alone. We are all in this together,” Das said.

CJP says discussions focused on safeguarding protesters

In a video message released after the meeting, Das said the party conveyed its concerns that previous assurances might not be fully implemented.

He said government representatives presented the Bihar Home Department’s press release stating that FIRs against protesters would be withdrawn and that no future action would be taken.

Das added that discussions also covered the possibility of other state governments issuing similar notifications to ensure protesters do not face legal proceedings.

According to him, the government assured the party that notifications addressing these concerns would be issued by Tuesday and that protesters would remain protected from future action.

He also said the CJP would continue working to ensure that every protester who participated in demonstrations across the country is protected from legal action.

Fresh protest threat put on hold for now

The latest developments came after the CJP warned on Monday that it could return to the streets if cases against protesters were not withdrawn.

The Abhijeet Dipke-led movement, which began as a satirical campaign and derived its name from an insult, ended its 37-day protest at Delhi’s Jantar Mantar over the weekend after Dharmendra Pradhan resigned as Education Minister, one of the group’s key demands.

Earlier on Monday, CJP spokesperson Ashutosh Ranka alleged that despite earlier assurances, protesters continued to face police action in some parts of the country.

He claimed that students had been arrested in Bihar and West Bengal, while volunteers supporting protesters in Delhi and other states were facing surveillance or detention.

Ranka demanded the immediate withdrawal of all FIRs against protesters, the release of detained students and an assurance that no fresh FIRs would be registered. He warned that the group would resume protests if those demands were not met.

Rajasthan also covered, claims CJP

Later on Monday night, Das said the party had also received assurances regarding Rajasthan.

He claimed authorities had guaranteed that no action would be taken against protesters in the state and that no FIRs had been registered or would be registered.

Das further said the party was continuing discussions to ensure other BJP/NDA-ruled states issue notifications with language that clearly protects protesters from legal action.

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