Hadiya wants to be free

The court, however, gave her charge to the college dean who will be her local guardian, adjourning the case to the third week of January, directing the Tamil Nadu government "to provide her protection, if any situation arises." The court asked the dean to apprise it in case of any untoward situation.

The court's order is silent on whether she can meet her husband, Shafin Jahan, during her studies. On the National Investigation Agency report on the criminal background of Shafin, in a lighter vein, the Chief Justice asked: "Is there any rule in law that a girl cannot fall in love and marry a criminal?"

Before rising, he said: "The basic principle is the legal principle: When two adults marry a court cannot interfere and such a custody to father can only be given if the person is mentally handicapped, psychologically depressed…I think she should be allowed to go wherever she wants."

Her father K M Ashokan said that Shafin Jahan, Hadiya's husband, has been in touch with people on Facebook to recruit them for terror activities and claimed she was victim of an outfit Sathya Sarani in carrying out massive conversions.

The NIA also came out in his support filing a 100-page investigation report and pointing out how well-established machinery it had for indoctrination. "They programmed people and radicalised them," the NIA told the court, asserting that Hadiya had been indoctrinated and so her consent (for marriage) cannot be valid, as she was not in a proper mental state to give consent.

Kapil Sabil, appearing on behalf of Shafin Jahan, told the court that he was saddened by the communal arguments in the case. "Will now all marriages between Hindus and Muslims be scrutinised by courts like this," Sibal asked.