The Allahabad High Court on Saturday reprimanded the Uttar Pradesh police for illegally detaining an interfaith couple and ordered officials to ensure their safety and freedom. The court also ordered the couple to be escorted to a place of their choice and slammed the police for acting “under social pressure” rather than following the law.
What did the Allahabad High Court say?
A Division Bench comprising Justice Salil Kumar Rai and Justice Divesh Chandra Samant condemned the police for detaining the couple and pointed out that the woman, being a major, could not be taken into custody under any provision of law.
“The contention that the girl had to be left at the ‘One Stop Center’ and the petitioner No. 2 was detained at the police station due to social tension in the area due to the different creed of the parties is not tenable and cannot justify the detention of the above persons,” the court said according to the Bar and Bench.
The judges said the detention of individuals due to public pressure was “even more unlawful” and ordered departmental action against the officers involved.
“A person can be detained by the police or other state authorities only on the basis of law. Detention under social pressure but without authority of law does not make the detention legal but only increases the illegality of the detention,” the Bench observed.
“In a democratic country governed by the rule of law, the state government and its law enforcement machinery are expected to use their power to protect the freedom of the citizen and not succumb to social pressures and curtail the freedom of the citizens,” the court added.
Why was the couple detained?
The interfaith couple, represented by lawyers Ali Bin Saif and Kaif Hasan, had previously appeared in court but disappeared soon after. The bench took up the matter on Saturday — a non-working day — after a habeas corpus petition was filed to produce them.
On Saturday, sub-inspector Harimaan Singh of Akrabad police station in Aligarh produced the couple before the court. Government Advocate Patanjali Mishra represented the State.
According to the state’s statement, the woman was brought before a Magistrate’s Court on October 17, where her age was verified and she was declared a major. She said in court that she voluntarily left her home and wished to stay with the man, after which the judge released her the same day.
What did the couple say to the court?
During the on-camera interaction, the woman reaffirmed her statement and stated that she is married to the applicant and wishes to live with him.
“The girl reiterated her statement before the Judicial Magistrate and stated that she is married to 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 this Habeas Corpus petition. The girl is a major,” the Bench observed.
The couple further alleged that after they left the court on October 15, they were abducted by the woman’s father and others with the assistance of the police and taken to Aligarh. The woman was detained at the One Stop Center while her husband was detained at the local police station.
How did the court respond to the police defense?
The public prosecutor argued that the police acted to prevent riots caused by “social tension” over an interfaith relationship. However, the Bench categorically rejected this rationale.
“The arrest 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 ruled and ordered their immediate release.
The court also noted that the investigating officer continued to investigate the case even after the woman clarified her voluntary decision before the judge.
what’s next
The matter will be heard further on November 28 with a direction for the Aligarh Superintendent of Police to appear before the bench in person.
The Supreme Court’s order represents a strong judicial stance against illegal police action in interfaith relations, stressing that “the freedom of citizens cannot be curtailed under social or political pressure.”
