‘Violation of rights’: Allahabad HC pulls up police for ‘illegal’ detention of interfaith couple

Dismissing the justification given by police and the government counsel for the detention of the couple citing social tension in the area, the court in its order observed, “In a democratic country governed by the rule of law, 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 the liberty of citizens.”

The bench of Justices Divesh Chandra Samant and Salil Kumar Rai further said, “The investigating officer, who produced the couple before this court today shall ensure that both the persons are escorted safely to the place where they want to go.”

It also directed that the woman was at liberty to go with the man wherever she wants.

The court also directed the Prayagraj Commissioner of Police, the Aligarh Senior Superintendent of Police (SSP), and the Bareilly SSP to ensure the safety of the couple and that “there is no extra legal interference in their companionship”.

The order stated “the validity of the marriage is not relevant for the decision of the present habeas corpus petition. The girl is a major”.

A case was lodged in the matter on September 27 on charges of abducting the woman to “compel her to marry or for illicit relation, with intent to provoke breach of peace and criminal intimidation” at a police station in Aligarh against the man, a Muslim, on the girl’s father.

A petition was filed in the high court on October 15 by the accused for quashing the FIR and the bench then directed the Chief Judicial Magistrate to appoint a woman counsellor to counsel the victim to confirm she was not under the influence of the man. The court also directed the CJM to record the woman’s statement.

The court on Saturday said there was no direction regarding transfer of the woman’s custody from the man to either to her parents or to police or to keep her at a “one-stop centre”.

The court observed the couple was in illegal detention from October 15. The couple said they were abducted by the woman’s father and his associates with the assistance of police after they left the court on October 15 and were taken in custody to Aligarh. The court said the girl, in her statement, stated she voluntarily went with the man and would like to stay with him.

But the investigating officer still proceeded with the probe and recorded the man’s statement, making queries regarding the religion of both and as to why the man did not inform the district magistrate about the marriage, the bench said. No such investigation was required after the judicial magistrate had set the girl at liberty by his order on October 17, it added.

The court cited Article 21 of the Constitution, stating, “The plea that the girl had to be kept at ‘One Stop Centre’ and the petitioner no.2 (the man) 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. A person can be detained by the police or other state authorities only under law. A detention under social pressure but without authority of law does not make the detention legal but only increases the illegality of detention. 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.”

The bench directed the Aligarh SSP to conduct an inquiry into the matter and submit a report to the court within a month.

The court fixed the next hearing in the case on November 28 and directed the government counsel to submit the inquiry report.