Allahabad High Court Criticizes UP Police for Unlawful Detention of Interfaith Couple

Court's Strong Stance on Police Actions

On Saturday, the Allahabad High Court raised concerns regarding the Uttar Pradesh Police's actions in the unlawful detention of an interfaith couple, citing undue social pressure as the reason for their arrest. The court instructed the police to prioritize the couple's safety.

A bench comprising Justices Salil Kumar Rai and Divesh Chandra Samant emphasized that detaining the couple—a Muslim man and a Hindu woman—due to societal pressures only exacerbated the illegality of their detention. The court indicated that the officers involved could face departmental consequences.

The woman's father had lodged a first information report, alleging that his daughter, who he claimed was a minor, had been abducted by the Muslim man. Acting on this complaint, the Aligarh Police apprehended the man.

However, upon their presentation in court, the woman asserted her adulthood and confirmed that she had married the man of her own free will.

After their court appearance on Wednesday, the couple claimed they were abducted by the woman's father and others, allegedly with police assistance, as reported by a legal news outlet. They were subsequently taken to Aligarh, where the woman was placed in a One Stop Centre for women facing violence, while the man was held at a police station.

On Saturday, the police brought the couple back to the High Court. Government advocate Patanjali Mishra informed the bench that the woman had been presented to a magistrate on Friday, who confirmed her status as a major.

The magistrate documented her statement, indicating that she had left her home voluntarily and wished to be with the Muslim man. She was released later that day.

During a private session with the couple on Saturday, the woman reiterated her desire to remain with her husband. The court questioned the government advocate regarding the rationale behind their detention, to which the lawyer responded that it was necessary due to the tensions arising from the interfaith marriage.

However, the bench rejected this justification, stating it did not warrant their detention. The court subsequently ordered their release.

The court noted, “The custody of the parties by the police was illegal and infringed upon the fundamental rights of the girl and the petitioner no. 2 [the man] under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.”

Furthermore, the bench remarked that in a democratic society, law enforcement should protect citizens' freedoms rather than yield to social pressures that restrict their rights.

The case is scheduled for further hearing on November 28, with the Aligarh Senior Superintendent of Police required to appear in person before the court on that date.