In a significant ruling, the Allahabad High Court has taken Uttar Pradesh Police to task for the unlawful custody of an interfaith couple, ordering their immediate release. The court found the couple’s detention to be illegal due to the absence of any valid order or directive for their custody.
Following a court order, the interfaith couple, Shane Ali and Rashmi, who were taken into custody after leaving the court premises on October 15, were produced before a bench comprising Justices Salil Kumar Rai and Divesh Chandra Samant. The bench declared their detention “illegal” and directed their swift release.
The court highlighted that the woman, being a major, could not have been taken into custody by the police without authorization from a competent authority. This action, the bench stated, violated her fundamental rights enshrined in the Constitution of India.
During a special hearing held on a holiday, the court affirmed the woman’s freedom to go wherever she chooses with her partner. It also instructed the investigating officer from Aligarh’s Akrabad police station to ensure the couple’s safe escort to their chosen destination.
The court dismissed arguments suggesting the couple needed to be held separately due to community tensions, stating that such justifications are unacceptable and cannot legitimize detention without legal basis. It stressed that in a democratic nation governed by the rule of law, law enforcement must protect individual liberty, not yield to societal pressures.
Furthermore, the bench indicated that officers who failed in their duty to safeguard the couple’s liberty would face departmental action. The court also directed the police commissioners of Prayagraj, Aligarh SSP, and Bareilly SSP to ensure the couple’s safety and security, preventing any undue interference in their companionship.
The next hearing is scheduled for November 28, with the Aligarh SSP ordered to present an inquiry report to the court. The couple had filed a petition seeking to quash an FIR registered against them on September 27 by the woman’s father.