NIA denies behaving with Hadiya with prejudice

New Delhi: The National Investigation Agency (NIA) on Wednesday denied before the Supreme Court the allegation of Kerala woman Hadiya, who is in the midst of a "love jihad" controversy, that the agency behaved with her with a prejudice as if she is a criminal or a terrorist.

The NIA, in an affidavit, filed in the apex court said it has conducted the investigation in a "fair, objective and impartial manner" based upon evidence and material collected so far.

Denying the allegations of Hadiya that she was misled to portray her husband Shafin Jahan as a terrorist and that she was treated as a criminal, the agency said the allegations are "misconceived, entirely baseless, incorrect".

The NIA denied Hadiya's allegation that some personnel of the agency behaved with her with a prejudice as if she is a criminal or a terrorist, saying the entire probe has been undertaken by it in accordance with the order passed by the apex court.

"The NIA has conducted the investigation in a fair, objective and impartial manner based upon the evidence/ material collected so far. There is no question of any personnel, who was entrusted with the investigation of the case, acting in a prejudicial manner, much less treating Hadiya as a criminal or a terrorist," stated the affidavit filed by the NIA.

The agency also rejected Hadiya's charge that it had created a story (of love jihad and forced conversions to Islam) and were trying to establish it without any proof. The NIA asked the court to take into consideration the outcome of the status report filed by it before passing any order.

Hadiya, in her affidavit before the top court, had earlier said that she converted to Islam and married Jahan on her own and wanted to remain like that.

She had levelled allegations against her father and some NIA officials for being prejudiced.

The court had asked the NIA, which is investigating the matter, to probe into any criminality in the marriage, but not to intrude into it.

On investigation aspect, the NIA in its affidavit said that it has almost completed the investigation except examination of two individuals, Fasal Musthafa and Shirin Shahand, who are material and crucial witnesses in the case.

The agency said it has been learnt that these two individuals left India before the NIA took over the investigation, as directed by the court, and they are currently in Yemen. 

"The NIA got look-out circulars issued through competent authority. Barring these two crucial witnesses, the investigation by the NIA is almost complete," it stated.

"The NIA will complete the investigation at the earliest and will proceed in accordance with the law based on the outcome of the investigation of the case," affidavit added.

The top court by its November 27, 2017 order had set Hadiya free from the custody of her parents and directed that she be allowed to complete her studies at a Salem homeopathy college.

The apex court will hear the case next on March 9.