The Allahabad High Court on Saturday ordered the immediate release of an interfaith couple, criticizing the Uttar Pradesh Police for their “illegal detention” without any lawful direction. The couple, Shane Ali and Rashmi, had been taken into custody after leaving the court premises on October 15.
During a special holiday hearing, a bench of Justices Salil Kumar Rai and Divesh Chandra Samant said the police had no authority to detain the girl, who is a major, and that the act violated her constitutional rights. The court said that she is free to go wherever she wishes with Shane Ali.
“The plea that the girl had to be kept at a ‘one stop centre’ and the man detained at the police station because of communal tensions is not acceptable and cannot justify detention,” the bench said. It added, “A person can be detained by police or other state authorities only under the law. Detention under social pressure without legal authority is illegal. Officers who failed to protect the liberty of the boy and girl are liable to departmental action.”
The court also directed the investigating officer from Aligarh’s Akrabad police station to safely escort the couple to their place of choice and instructed the Prayagraj police commissioner, Aligarh SSP, and Bareilly SSP to ensure their safety from any extra-legal interference.
The next hearing is scheduled for November 28, and the Aligarh SSP has been asked to appear before the court with an inquiry report. The couple had filed a writ petition seeking the quashing of an FIR registered on September 27 by the girl’s father. The court was informed that after leaving the court premises on October 15, the couple had been taken away by the father and the police.
