Dushyant Accused BJP For Destroying Communal Harmony In Kerala

Lawyer Dushyant Accused BJP For Destroying Communal Harmony In Kerala

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 clientShafin Jahan’s marriage to Akhila aka Hadiya ‘love jihad’.

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.

The bench said it was looking for legal and logical answers to its primary question — whether the HC could annul a marriage in a father’s petition seeking to know the whereabouts of his daughter. “Instead of answering this straightforward question, you (Dave) are running here and there and bringing all kinds of persons into the case. The way you are going — commenting on judges, political personalities — is not what we expect from you,” it said.

“Keep political personalities out of arguments unless you have proof that they are directly involved in this case,” the bench said and adjourned the hearing to October 30. ASG Singh said it had become a habit with Shafin’s counsel to browbeat others and prevent them from making submissions.
Dave replied, “They browbeat us outside, so what is wrong if we do it inside the courtroom?” The bench said the issue before the apex court was whether the woman, a major, was mentally, physically or otherwise incapacitated to take an independent decision to marry a person of her choice, and second, whether the HC had the power to dissolve a marriage in a habeas corpus petition.
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