The Kerala government has challenged the NIA probe into the Love Jihad case. The affidavit contended that a Special Investigation Team (SIT) of Kerala Police has conducted "detailed investigation" into the conversion of the 24-year-old Hindu woman and her subsequent marriage to a Muslim man.
A Hindu girl had married a Muslim in Kerala and the marriage was annulled by the High Court.
In its response filed in the apex court in the petition filed by Shafin Jahan seeking to recall the order, Kerala said during the two-month long "thorough" investigation by the Kerala Police, no such incriminating material was found that called for an intervention by the National Investigation Agency (NIA).
The letter - signed by around 70 women activists and kindred groups - demanded an immediate visit by the women's panel members to Hadiya, and a probe of human rights violations, if any, in her case.
The state home department after presenting the affidavit to the Supreme Court stated that the investigation by the Kerala Police did not reveal anything crucial to be investigated by the National Investigation Agency.
On May 25, the Kerala High Court declared as "null and void" their marriage, terming it a "sham" and ordered for placing her in her parents' protective custody.
After the court had asked the NIA to give inputs after going through the files of the Hadiya case, Additional Solicitor General Maninder Singh, for NIA, had said that the case was "not an isolated case and we have come across another case with a similar pattern and involving the same people who are acting as instigators", the report said".
"The order for NIA investigation strikes at the very foundation of multi-religious society".
However, the Supreme Court Bench on October 3, headed by Chief Justice Dipak Misra, had questioned the August 16 order asking why an NIA probe was needed in the case. "The fact is that she is an adult and that she has the autonomy and the fundamental right to make choices regarding her work, her religion and her partner", they said, and demanded that the State Women's Commission should immediately visit Hadiya to assess the nature of human rights violations that she faced, issue a public report on her condition and bring Hadiya under the protection of the State, perhaps in a shelter in consultation with her. The SC also said that a 24-year-old can not be confined by her father.