Allahabad HC Seeks Production of Man Allegedly Detained After Islam Conversion, Marriage

The Allahabad High Court has directed the Uttar Pradesh authorities and the father of a 31-year-old man to produce him before the court after allegations that he was being illegally detained following his decision to convert to Islam and marry a Muslim woman against his father's wishes.

The bench of Justice Sandeep Jain, hearing a habeas corpus petition filed by Ayush Malik's friend Sultan, said the allegations regarding the man's alleged illegal detention and the purported involvement of State authorities in facilitating it were “serious in nature” and warranted immediate consideration by the court.

Court passed the order on September 9. It directed the State authorities as well as Ayush's father, Devraj Singh Malik, to ensure that Ayush is produced before it on September 16.

Prima facie voluntary conversion

According to the petition, Ayush had, of his own free will, renounced Hinduism and embraced Islam, without any coercion, undue influence or inducement. He thereafter married Chandni Qureshi, despite opposition from his father.

After the conversion and marriage, Ayush's father allegedly lodged an FIR against Chandni and her relatives on June 6, 2026, at Shamli police station in Shamli district.

The FIR was registered under Sections 5(1) and 3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, as well as Sections 308(5), 351(3), 61(2), 338, 336(3) and 318(4) of the Bharatiya Nyaya Sanhita [earlier, (Sections 386, 506, 120-B, 467, 468 and 420 of the Indian Penal Code, respectively)].

The petitioners alleged that the FIR was “false and motivated”, and claimed that State authorities, in collusion with Ayush's father, had facilitated his illegal detention. They alleged that Ayush was being deprived of his personal liberty and kept in his father's custody with the assistance of the State machinery.

Sultan, who described himself as Ayush's friend, told the court that Ayush had approached him for help in securing his release from the alleged illegal detention.

After hearing the petitioners' counsel and examining the material placed on record, the high court said the documents prima facie indicated that Ayush had voluntarily converted to Islam and subsequently married Chandni against his father's wishes.

Court, however, did not make a final determination on the allegations. Instead, considering the seriousness of the claims concerning Ayush's personal liberty, it issued notice to his father and ordered his production.

Court said that if Ayush was not produced on September 16, respondents 2 and 3 would have to file their personal affidavits explaining why he had not been produced and what steps they had taken to secure his production.

The matter has been listed as fresh on September 16.

Case title: Ayush Malik and Another v. State of U.P. and 3 Others

Order date: September 9, 2026

Bench: Justice Sandeep Jain