In a move which has reunited an interfaith couple, Allahabad High Court on Saturday censured the Uttar Pradesh police for illegally detaining a Hindu-Muslim couple and directed the police to escort them safely to a place of their choice.
A Division Bench of Justice Salil Kumar Rai and Justice Divesh Chandra Samant also directed the Commissioner of Police of Prayagraj, the Senior Superintendents (SSP) of Police of Aligarh and Bareilly to ensure their safety and security from any extra-legal interference in their companionship.The Court observed that woman was major by age and thus, could not have been taken into custody by police, adding that even the custody of her partner was illegal and violated their fundamental rights.
"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 Court said.It added that a detention under social pressure is more illegal and the officers responsible for the couple's detention are liable for departmental acton.
The Court took up the interfaith couple's case in a special hearing on Saturday, a non-working day for the High Court.On October 17, the bench had directed the State to produce the couple before it after a habeas corpus petition was filed through advocates Ali Bin Saif and Kaif Hasan. The couple had gone missing following an appearance before the Court earlier in the week.On Saturday, Sub-Inspector Harimaan Singh from Aligarh's Akrabad Police Station produced the man and the woman before the bench. The State was represented by Government Advocate Patanjali Mishra.
Mishra informed the Court that the woman had been produced before the Judicial Magistrate on October 17, where her age was verified and she was declared a major. The Magistrate recorded her statement confirming that she had left her home voluntarily and wanted to go with the man. The Magistrate then set her at liberty on the same day.The bench interacted with the couple in-camera.
The woman reiterated her earlier statement that said she had married the man and wanted to live with him. The Court recorded that she had made the decision without any coercion or pressure.
“The girl has reiterated her statement given before the Judicial Magistrate and states that she has married 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 the present Habeas Corpus Petition. The girl is major,” the bench noted.The couple also informed the Court that after they left the High Court on October 15, they were abducted by the woman's father and others with police assistance. They were then taken to Aligarh. The woman was confined in a One Stop Centre while the man was kept in custody at the police station. Both were produced before the Magistrate on October 17.
“The custody 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 held, as it ordered the couple's release.The case has been listed for next hearing November 28, with a direction to the SSP Aligarh to remain appear personally before the Court.
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