In a significant rebuke to law enforcement, the Allahabad High Court declared the detention of an interfaith couple—a Muslim man and a Hindu woman—as illegal, constituting a violation of their fundamental rights under Article 21 of the Constitution.
The Court ordered their immediate release and instructed that they be safely escorted to Aligarh, ensuring protection from any potential harassment. A Division Bench, comprising Justice Salil Kumar Rai and Justice Divesh Chandra Samant, convened a special session on a non-working day to address a habeas corpus petition filed by the man’s brother after the couple went missing following a court appearance earlier in the week.
Shane Ali and his Hindu partner were produced before the Bench on October 15 by the Aligarh police. During the proceedings, the Government Advocate informed the Court that the woman had previously been presented before the Judicial Magistrate on October 17, where she was recognized as an adult, affirming that she married Shane Ali willingly.
In a private interaction with the judges, the woman reported that she was 21 years old and had married Shane Ali of her own accord, expressing her desire to live with him. She clarified that her earlier statements had been made under duress.
The Bench emphasized that as an adult, the woman had the right to choose whom she wished to live with, noting that the marriage’s legal validity was not pertinent to the habeas corpus case.
The Court expressed serious concerns regarding the couple’s claim that after departing from the High Court grounds on October 15, they were allegedly abducted by the woman’s father in collusion with local police. The woman was reportedly kept at a “One Stop Centre,” while Shane Ali was detained at a police station until their subsequent appearance before the Magistrate.
Upon reviewing the records, the Court discovered that the woman had already declared under Section 183 of the Bharatiya Nyaya Sanhita (BNSS) that she had joined Shane Ali voluntarily. Despite this, the police continued to investigate their religious differences and the legality of their marriage, which the Court deemed unnecessary. “No such investigation was required,” said the Bench, underscoring that the police’s role should have been limited to ensuring the couple’s safe transport to their desired location after her release.
The Court dismissed the State’s justification for the detention based on “social tension” surrounding the interfaith marriage, stating, “A person can be detained by the police or other state authorities only under law. A detention under social pressure but without the authority of law only increases the illegality of detention.”
Characterizing the police actions as a breach of Article 21, the Court asserted that the State’s duty is to safeguard citizens’ liberty, not yield to social pressures.
The Bench directed the Commissioner of Police in Prayagraj and the Senior Superintendents of Police in Aligarh and Bareilly to ensure the couple’s safety and prevent interference in their relationship. The SSP of Aligarh was also instructed to conduct an inquiry into the incident and report back by November 28, 2025.
Following the ruling, the couple’s attorney, Advocate Mohd Kaif Hassan, remarked, “The Court’s decision reaffirms that personal liberty cannot be compromised due to social prejudices. The Constitution protects choice and consent, and today’s judgment upholds that principle in its truest spirit.”
Hassan noted the concerning behaviors of the woman’s family, recalling that they had threatened lawyers within the court. He stated that despite the Court’s order, the girl’s father abducted them near the court, which led to Shane Ali’s unlawful detention by the Aligarh Police.
He expressed alarm over the implications of such police actions, stressing the potential danger to the sanctity of the law if officials could act against judicial orders without consequence.
Tags: Allahabad HC frees interfaith couple, terms detention ‘illegal’ and violation of rights Extract 5 SEO-friendly keywords as tags. Output only keywords, comma separated.
Hashtags: #Allahabad #frees #interfaith #couple #terms #detention #illegal #violation #rights
