The Allahabad High Court on Saturday rebuked the Uttar Pradesh police for unlawfully detaining an interfaith couple and directed officials to ensure their safety and freedom. The court also ordered that the couple be escorted to a place of their choice, sharply criticising officers for acting “under social pressure” rather than upholding the law.
What did the Allahabad High Court say?
A Division Bench comprising Justice Salil Kumar Rai and Justice Divesh Chandra Samant censured the police for detaining the couple and emphasised that the woman, being a major, could not have been taken into custody under any legal provision.
“The plea that the girl had to be kept at ‘One Stop Centre’ and the petitioner no.2 was detained at the police station because of the social tension in the area due to the different religions of the parties is not acceptable and cannot justify the detention of the aforesaid persons,” the Court said, according to Bar and Bench.
The Allahabad HC judges said detaining individuals due to public pressure was “even more illegal” and ordered departmental action against the officers involved.
“A person can be detained by the police or other state authorities only under law. A detention under social pressure but without authority of law does not make the detention legal but only increases the illegality of detention,” the Bench observed.
“In a democratic country governed by Rule of law, the State Government and its law-enforcement machinery are expected to use their power to protect the liberty of a citizen and not to succumb to social pressures and curtail the liberty of citizens,” the Court added.
Why was the couple detained?
The interfaith couple, represented by advocates Ali Bin Saif and Kaif Hasan, had earlier appeared before the court but went missing soon after. The Bench took up the matter on Saturday — a non-working day — after a habeas corpus petition was filed seeking their production.
On Saturday, Sub-Inspector Harimaan Singh from Aligarh’s Akrabad Police Station produced the couple before the court. Government Advocate Patanjali Mishra represented the State.
According to the State’s submission, the woman was produced before the Judicial Magistrate on October 17, where her age was verified and she was declared a major. She told the court that she had left her home voluntarily and wished to stay with the man, following which the Magistrate set her at liberty the same day.
What did the couple tell the court?
During an in-camera interaction, the woman reaffirmed her statement, saying she had married the petitioner and wished to live with him.
“The girl has reiterated her statement given before the Judicial Magistrate and states that she has married the petitioner no. 2 and wants to go and stay with the petitioner no. 2. The validity of the marriage is not relevant for the decision of the present Habeas Corpus Petition. The girl is major,” the Bench noted.
The couple further alleged that after leaving the court on October 15, they were abducted by the woman’s father and others with police assistance and taken to Aligarh. The woman was confined to a One Stop Centre, while her husband was detained at a local police station.
How did the court respond to the police defence?
The State’s counsel argued that police acted to prevent unrest due to “social tension” over the interfaith relationship. The Bench, however, categorically rejected this justification.
“The custody of the parties by the police was illegal and violated the fundamental rights of the girl and petitioner no. 2 under Article 21 of the Constitution of India,” the Court held, ordering their immediate release.
The Court also observed that the Investigating Officer continued probing the case even after the woman had clarified her voluntary decision before the Magistrate.
What happens next?
The matter will next be heard on November 28, with a direction for the Senior Superintendent of Police, Aligarh, to appear personally before the Bench.
The High Court’s order marks a strong judicial stand against unlawful police action in interfaith relationships, underscoring that “the liberty of citizens cannot be curtailed under social or political pressure.”
Allahabad High Court, interfaith couple, unlawful detention, Uttar Pradesh police, fundamental rights, social pressure
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