Allahabad High Court Orders Release of Illegally Detained Interfaith Couple, Condemns UP Police for Constitutional Rights Violation

The Allahabad High Court severely criticized the Uttar Pradesh Police on Saturday for illegally detaining an interfaith couple without any official order or direction, and mandated their immediate release.

Following a court directive, police brought the interfaith couple, Shane Ali and Rashmi, before Justices Salil Kumar Rai and Divesh Chandra Samant. The couple had been taken into custody after leaving the court premises on October 15.

The bench declared their detention "illegal" due to the absence of any formal directive and ordered their immediate release.

The judges emphasized that since the woman was an adult, police had no authority to detain her without instructions from a competent authority, stating that such action violated her constitutional fundamental rights.

During this special hearing held on a holiday, the court ruled that the woman was free to go wherever she wished with her male companion.

Additionally, the court instructed the investigating officer from Aligarh's Akrabad police station, who had presented the couple to the court, to ensure their safe escort to their chosen destination.

"The argument that the woman needed to be kept at a 'one stop centre' and the man detained at the police station due to community tensions arising from their different religious backgrounds is unacceptable and cannot justify their detention," the bench stated.

The court emphasized that detention by police or state authorities is only permissible under law. "Detention due to social pressure but without legal authority does not make it lawful. In a democratic nation governed by rule of law, the state government and law enforcement agencies should use their power to protect citizens' liberty, not yield to social pressures. Officers who failed to protect the liberty of this couple are subject to departmental action," the court declared.

The judges also directed the Prayagraj police commissioner and the SSPs of Aligarh and Bareilly to ensure the couple's safety and security, preventing any illegal interference in their relationship.

The next hearing was scheduled for November 28, with instructions for the Aligarh SSP to appear before the court with an inquiry report.

The interfaith couple had filed a petition seeking to quash an FIR dated September 27, registered at the Akrabad police station by the woman's father.

On Friday, after learning that the couple had been "abducted" by the woman's father and police when leaving the court premises on October 15, the court had ordered police to produce them before the bench.