The bench also said that a father can not be seen dictating the personal life of a 24-year-old daughter. Jahan, in turn, pleaded with the Supreme Court to cancel the NIA probe. "This order sends bad signals all over the world", Dave said.
"Please do not shout", the bench said, adding that his high pitch made it impossible for the bench to understand the submissions.
Additional Solicitor General (ASG) Tushar Mehta, who appeared in the court in place of ASG Maninder Singh representing the NIA.said all the objections being raised now by Dave had already been raised by senior counsel Kapil Sibal who had represented Jahan earlier and the same were considered by the court before ordering the NIA investigation. Rather, it was the man who has challenged the annulment of his marriage.
"State is not in appeal, father is not in appeal, NIA is not in appeal".
"An NIA probe into Hadiya's marriage strikes at the very foundation of a multi-religious society", said Dave. He added, "two of the seniormost leaders in the BJP are married to members from minority community".
But a defiant Dave said he will be loud.
The next hearing has been scheduled for October 9.
The SC was hearing a petition filed by Hadiya's husband Shafin Jahan against the NIA probe into the case. The High Court had annulled the marriage saying that it was unusual for a woman in her 20s to pursue an alien faith while studying a professional course and then had ordered the NIA probe.
Earlier in August, the NIA began investigation into the case following the top court's orders.
In August, Chief Justice J S Khehar was part of a bench that allowed the National Investigation Agency, the country's top counter-terror body, to examine if Akhila Ashokan, known as Hadiya after she converted, had been lured into marrying a Muslim man as part of a larger conspiracy by terrorist groups to recruit vulnerable young Hindu women. The ruling was a low for everyone who talks about freedom and women's rights because a woman was not allowed to exercise her right to get married to the person she chose, or to convert to a religion she wanted to follow.