‘Police Cannot Bow to Social Pressure': Allahabad HC Slams Police, Declares Detention of Interfaith Couple Illegal

The division bench of Justice Salil Kumar Rai and Justice Divesh Chandra Samant made these observations while hearing a habeas corpus petition filed by Tehseem, brother of petitioner Shane Ali, after both Shane and his wife Rashmi allegedly went missing following a court appearance on October 15.

Acting on the court’s direction, the police produced the couple before the bench on October 18. During the proceedings, Rashmi, daughter of respondent no. 6, appeared in court and reaffirmed that she had married Shane of her own free will and wished to live with him. She asserted that her earlier statements before the Judicial Magistrate, Aligarh were made without any coercion.

According to the records, the magistrate had already verified Rashmi’s age (19 years and 7 months) and set her at liberty on October 17 after confirming that she was a major and acting voluntarily. Despite this, the couple was forcibly taken away from the court premises by Rashmi’s father and others, allegedly with police assistance. Rashmi was placed in a “One Stop Centre” while Shane was kept at the Akrabad police station.

The High Court took serious exception to this, observing that the couple remained in illegal custody from October 15 till October 18, without any lawful authority.

Court rejected the state’s justification that the detention was necessary due to “social tension” over their interfaith marriage.

Court said, "(It) 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".

Court stressed that in a democratic country governed by 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. 

Holding the conduct of the officers to be a serious lapse, the court directed the Senior Superintendent of Police (SSP), Aligarh to initiate an inquiry into the illegal detention and report back within a month. The SSP was also ordered to appear personally before the court on November 28.

The High Court further ordered that Shane Ali and Rashmi be immediately released and escorted safely to any destination of their choice. It also directed the Commissioner of Police, Prayagraj, and the SSPs of Aligarh and Bareilly to ensure their safety and protection from “extra-legal interference".

“The officers who failed in their duty to protect the liberty of the couple are liable to departmental action,” the court remarked.

The habeas corpus plea was moved by Tehseem, brother of Shane Ali, through Advocates Ali Bin Saif and Kaif Hasan. The petition stated that Shane and Rashmi, both adults, went missing soon after the court proceedings on October 15 in a batch of cases arising out of an FIR lodged by Rashmi’s father, who had accused Shane of abducting his daughter after she eloped with him.

On Friday, in view of the matter's urgency, the division bench directed the police to produce the couple before it on Saturday in a special sitting. 

Case Title: Tehseem And Another vs State Of U.P. And 5 Others

Order Date: October 18, 2025

Bench: Justice Salil Kumar Rai and Justice Divesh Chandra Samant