Hadiya case: Husband moves Supreme Court seeking recall of order directing NIA probe

In another significant development in the Hadiya case, Hadiya’s husband, Shafin Jahan, has filed an application in Supreme Court seeking recall of the Court’s order of August 16 by which it had directed NIA probe into the matter..In his application, Jahan has relied on emergence of “certain facts” which call for a reconsideration of the order of August 16..“….it is further submitted that since the aforementioned order has been passed by this Hon’ble Court, certain facts have emerged which call for a reconsideration of the aforementioned order of this Hon’ble Court dated 16.8.2017.”.Jahan has placed heavy reliance of the video filmed by activist Rahul Easwar at Hadiya’s house..“That on 17.8.2017, activist Rahul Easwar visited the home of the Respondent No.1 where the Detenue has been detained. Mr. Easwar, after taking due consent from the family, filmed a video of the family, including the Detenue. In the video, the Detenue asks the following – .“ Is this house arrest what I deserve? Whether this should be the purpose of my life?“.That the same clearly shows that the Detenue does not wish to be kept under house arrest. Rahul Easwar has also gone on to say to NDTV that the Detenue told him, that “she wants to live and die as a Muslim.”.That the Detenue has also confessed in the aforementioned video, that ” Ask my father and mother, whether they torture and abuse me for following my religion and its practises?“.The same shows a clear mistreatment and abuse of the Detenue being suffered at the hands of the Respondent No.1.”.The application also relies on the statement made by acting President of the Kerala Human Rights Commission, P Mohandas..“That the State Human Rights Commission of Kerala has received several complaints regarding the detention of the Detenue. The acting President of the Kerala Human Rights Commission, P. Mohandas himself has gone on to make a statement that “Akhila is undergoing immense human rights violation at her house.””.Further, reliance has also been placed on the statement made by the Kerala Women’s Commission, MC Josephine who said that that there is grave human rights violation in the case of the Detenue and that the Commission is willing to act on a complaint..Besides the above, Jahan has also cited the fact the NIA had gone ahead with the probe though Justice Raveendran, who was supposed to oversee the probe, had expressed his refusal to take up the task. The applicant has contended that due to the same, the investigation is not fair and is against the order of this court..“That as per news report dated 30.8.2017, Justice R.V. Raveendran has refused to oversee the said probe by the NIA.That as per a news item published by the Times of India dated 28.8.2017, it was reported that the NIA has already found a “link”. That, the same is in clear violation of this Hon’ble Court’s order as the investigation was to be overseen by Justice Raveendran and that without his supervision, the same cannot be undertaken and be said to be fair..….That such an investigation is clearly not fair and is against the orders of this Hon’ble Court.”.Based on the above, Jahan has prayed that the order directing NIA probe be recalled and that Hadiya be produced before the Supreme Court..The matter is likely to be heard on September 22.