The Allahabad High Court ruled that detention under social pressure cannot justify the act, declaring the police action against an interfaith couple unlawful and stating that such detention without legal authority only increases the illegality of the act.
The Allahabad High Court declared on Saturday that the detention of an interfaith couple by the Uttar Pradesh Police and the girl’s father was “illegal and unconstitutional,” constituting a violation of their fundamental right to liberty under Article 21 of the Constitution.
The remarks came from the division bench comprising Justice Salil Kumar Rai and Justice Divesh Chandra Samant while they were hearing a habeas corpus petition filed by Tehseem, the brother of petitioner Shane Ali, after both Shane and his wife Rashmi reportedly went missing following a court appearance on October 15.
Following the court’s direction, the police presented the couple before the bench on October 18.
During the proceedings, Rashmi, the daughter of the sixth respondent, affirmed her decision to marry Shane voluntarily and expressed her desire to live with him. She clarified that her previous statements made to the Judicial Magistrate in Aligarh were given without coercion.
Court records show that the magistrate had already verified Rashmi’s age as 19 years and 7 months and had set her free on October 17 after confirming her status as a major acting of her own volition.
Nevertheless, following the court hearing, Rashmi was forcibly taken away from the court premises by her father and others, allegedly with police support. Rashmi was then placed in a “One Stop Centre,” while Shane was detained at the Akrabad police station.
The High Court expressed serious concern over this situation, noting that the couple remained in illegal custody from October 15 to October 18, without any lawful basis.
The court dismissed the state’s argument that the detention was warranted due to “social tension” surrounding their interfaith marriage.
The court stated,
“It is not acceptable and cannot justify the detention of the aforesaid persons. 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 court emphasized that in a democratic nation governed by the rule of law, state authorities are expected to uphold citizens’ liberties rather than yield to social pressures that infringe upon them. Characterizing the actions of the officers as a serious lapse, the court ordered the Senior Superintendent of Police (SSP), Aligarh, to conduct an inquiry into the illegal detention and report back within a month.
The SSP was also instructed to appear personally before the court on November 28.
Additionally, the High Court mandated the immediate release of Shane Ali and Rashmi, directing that they be safely escorted to any destination of their choice. It instructed the Commissioner of Police, Prayagraj, along with the SSPs of Aligarh and Bareilly, to ensure their safety and protection from “extra-legal interference.”
The court remarked,
“The officers who failed in their duty to protect the liberty of the couple are liable to departmental action.”
The habeas corpus petition was filed by Tehseem, Shane Ali’s brother, through Advocates Ali Bin Saif and Kaif Hasan.
The petition indicated that Shane and Rashmi, both of legal age, had gone missing soon after the court proceedings on October 15, following an FIR lodged by Rashmi’s father, who accused Shane of abducting his daughter after she eloped with him.
Earlier,On Friday, recognizing the urgency of the matter, the division bench ordered the police to produce the couple during a special sitting on Saturday.
Case Title: Tehseem And Another vs State Of U.P. And 5 Others