Allahabad High Court slams U.P. police for illegally detaining interfaith couple under ‘social pressure’

The Allahabad High Court on Saturday (October 18, 2025) slammed the Uttar Pradesh police for “illegally” detaining an interfaith couple which the court noted is a “violation of their fundamental rights”. The court said detention under “social pressure” but without authority of law does not make the detention legal and only increases its “illegality”.

A Bench of Justices Salil Kumar Rai and Divesh Chandra Samant, which held a special hearing on a holiday, set free the couple – a Muslim man and a Hindu woman – who had gone missing after attending a hearing in the court, last week. It also directed the police to ensure the safety of the couple and make sure that there is no extra-legal interference in their companionship.

The woman’s father had lodged an FIR alleging that his ‘minor’ daughter was abducted by a man named Shane Ali. Acting on the complaint, the Aligarh police arrested the couple. When they were produced before a lower court, the woman said that she was an adult and had married Mr. Ali on her own will.

Following a habeas corpus petition move before the high court, the couple was produced in it on Saturday where they submitted that they had been abducted by the woman’s father and his accomplices, with assistance from the police, and taken to Aligarh in custody. The woman was sent to a ‘One Stop Centre’ and the man was detained in the police station since October 15.

When the court asked the government advocate about the detention, he submitted that there was social tension in the area because of the inter-religious marriage and the police had to detain the couple. But the court noted that the girl was an adult and the police or her father cannot keep her in custody.

“Apparently, the custody of the parties by the police was illegal and violated the fundamental rights of the girl and petitioner no. 2 (the man) under Article 21 of the Constitution of India. 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 Bench said.

It added that in a democratic country, 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 freedom.

“The officers who failed in their duty to protect the liberty of petitioner no. 2 as well as the girl are liable to departmental action,” it added, while ordering SSP Aligarh to conduct an inquiry in the case and submit a report in a month.