It would be prudent for all “stakeholders” to display restraint and patience while the Supreme Court grapples with the myriad elements of the “Hadiya” controversy, which the Chief Justice of India had no hesitation in confessing was the “most complex” case he had been required to adjudicate in his career. There is reason to believe that the view of CJI Dipak Misha would be shared by the other members of the Bench, Justices AM Khanwilkar and DY Chandrachud. That their Lordships were sailing uncharted waters was evident from their getting bogged down in procedural issues, as well as facing the reality of a rare situation when a “witness” is personally examined by the apex judicial authority.

It really came as no surprise that the court, after an intensive session, issued only an interim order and gave itself a few weeks to unravel the twisted strands of the Hadiya story that has gripped large sections of society. There can be little arguing against an adult woman being free to choose both her religion and her husband: she has been consistent on those issues when facing lower courts, investigative agencies and the media ~ and her contention in the Supreme Court, “I want my freedom” must surely find wide resonance and empathy. Yet their Lordships could not summarily reject the argument that she (other young women in Kerala too) has fallen victim to ISIS’ campaign of “radicalisation”, which Hadiya’s father includes his daughter being brainwashed. It must remain a tragedy for all citizens that the credentials of both the “national” investigation agencies ~ the CBI and the NIA ~ are politically suspect. The trust-deficit in governmental agencies is too palpable to ignore.

There was no dearth of “shrillness” when the issue was discussed on television on Monday evening, persons who had not studied the court’s order in detail had little hesitation in pronouncing unflattering judgment ~ only adding to the difficulties of the Bench. Political and religious views were passionately advanced when unemotional legal scrutiny was the need of the hour. It was disturbing to note a senior member of the Supreme Court Bar likening the apex court and the High Court to khap panchayats ~ that certainly did ensure publicity but threw limited light on the basic issues.

No better was an RSS’ spokesman saying it was fortunate that it was the Kerala High Court, not the Gujarat one, that had held Hadiya’s marriage invalid. It is a grim reality of the present times that the judiciary has to take a “call” on so many issues that ought to have been resolved elsewhere. Yet, as the Chief Justice pointed out on another recent occasion, the courts must not back-off from upholding the letter and spirit of the Constitution ~ particularly when the polity is so viciously polarised.