The Allahabad High Court has ordered the release of Rashmi and Shane Ali, an interfaith couple allegedly detained illegally by Aligarh Police, declaring the police action a violation of their fundamental right to life and liberty.
The court held that both individuals were adults and free to live wherever they wished.
A division bench comprising Justice Salil Kumar Rai and Justice DC Samant delivered the order while hearing a habeas corpus petition filed by Tahseem and others. Despite the court vacation, the judges convened to safeguard the couple’s constitutional rights and ensure their release from unlawful custody.
According to the court’s findings, the police detained the couple on October 15 when they had appeared before the High Court in connection with earlier petitions.
Police sent Rashmi to a One Stop Centre and kept Shane Ali in custody. On October 17, officials presented Rashmi before a judicial magistrate, where she confirmed that she had married Shane Ali of her own will and wished to live with him.
The bench criticised the police for acting under ‘social pressure’ and declared that such reasoning could never justify illegal detention. The court remarked, “In a democratic country, governance is guided by the rule of law, not by social pressure.”
The bench directed the Aligarh SSP to initiate a departmental inquiry against the officials involved and submit a report within a month.
Protection and Future Proceedings
The court also instructed police to escort the couple safely to a destination of their choice. Furthermore, it ordered the Police Commissioners of Prayagraj, Aligarh, and Bareilly to ensure their continued safety.
The court will review the inquiry report and hear the case again on October 28. The court reiterated that no authority has the power to curtail the liberty of adult citizens, especially under societal or communal pressure.
By taking up the matter during court recess, the Allahabad High Court reaffirmed its commitment to protecting civil liberties and upholding the rule of law against arbitrary state action.
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