Published on: October 18, 2025 | Prayagraj

In a strong rebuke to the Uttar Pradesh Police, the Allahabad High Court on Saturday ordered the immediate release of an interfaith couple who had been taken into custody without any lawful order. The bench of Justices Salil Kumar Raiand Divesh Chandra Samant described the detention of the couple, Shane Ali and Rashmi, as “illegal,” asserting that it violated the couple’s fundamental rights guaranteed under the Indian Constitution.

The case came before the court after the couple, who had approached the High Court seeking protection, were allegedly taken into custody by the police shortly after leaving the court premises on October 15. Following the court’s direction, the police produced the couple before the bench during a special hearing held on a court holiday on Saturday.

Court Declares Detention “Illegal”

During the hearing, the High Court categorically stated that the detention of Shane Ali and Rashmi was unlawful, as there was no judicial or administrative order authorizing their custody. “The custody of the petitioners is illegal in the absence of any direction or order to that effect,” the court observed, ordering that the couple be released forthwith.

The court underscored that since the woman, Rashmi, was a major, the police had no authority to take her into custody. The bench noted that such an action amounted to a violation of her fundamental rights, particularly her right to personal liberty under Article 21 of the Constitution.

“Detention Under Social Pressure Is Not Lawful”

In a strongly worded observation, the High Court rejected the police’s justification that the couple had been detained for their “own safety” due to communal tension in the area arising from their interfaith relationship. “The plea that the girl had to be kept at a one-stop centre and the man detained at the police station because of social tension cannot justify their detention,” the bench said.

The court further emphasized, “A person can be detained by police or other state authorities only under the law. A detention under social pressure but without the authority of law does not make it legal.” It added that the duty of the state and its law enforcement agencies is to protect the liberty of citizens, not to succumb to social pressures or act outside the scope of the law.

Orders for Immediate Release and Protection

The bench directed that both Rashmi and Shane Ali are free to go wherever they wish. To ensure their safety, the court instructed the Investigating Officer from the Akrabad police station in Aligarh, who had produced the couple in court, to escort them safely to the place of their choice.

Additionally, the bench ordered the Commissioner of Police, Prayagraj, along with the Senior Superintendents of Police (SSPs) of Aligarh and Bareilly, to ensure the couple’s safety and security and to prevent any extra-legal interference in their relationship.

Officials Face Departmental Action

In its ruling, the High Court held that the officers responsible for the unlawful detention had failed in their duty to uphold the rule of law and protect the couple’s rights. “The officers who failed in their duty to protect the liberty of the boy and the girl are liable to departmental action,” the court said, directing the concerned authorities to initiate appropriate proceedings.

FIR Filed by Girl’s Father

The case stems from a First Information Report (FIR) lodged on September 27 at the Akrabad police station in Aligarh by the woman’s father. The FIR reportedly accused the man, Shane Ali, of “abducting” his daughter. The interfaith couple had subsequently filed a writ petition before the Allahabad High Court seeking to quash the FIR and to protect their right to live together as consenting adults.

However, despite the matter being under judicial consideration, the couple were allegedly taken into custody by police and the woman’s family on October 15 after leaving the court premises. When this was brought to the High Court’s attention, it promptly directed the police to produce the couple before it.

Next Hearing Scheduled

Fixing November 28 as the next date of hearing, the bench directed the Aligarh SSP to appear before the court on that day with a detailed inquiry report into the circumstances leading to the couple’s illegal detention. The court’s intervention is expected to have wider implications for how police handle cases involving interfaith relationships, which have often drawn controversy and social tension in Uttar Pradesh.

Upholding Constitutional Rights

The Allahabad High Court’s order reinforces the constitutional principle that consenting adults have the right to choose their partners and live together without interference, regardless of religion. The ruling also serves as a stern reminder to law enforcement agencies that social disapproval cannot override constitutional freedoms.

In a broader sense, the court’s decision underscores the judiciary’s commitment to protecting individual liberty and privacy, particularly in cases where social and religious biases threaten to undermine fundamental rights. By ordering the release of the couple and reprimanding the police, the Allahabad High Court has reaffirmed that in a democracy governed by the rule of law, state power must always serve to protect liberty, not curtail it.