Allahabad HC frees man held after conversion, invokes Articles 21 and 25

The Allahabad High Court on Wednesday ordered the release of a 31-year-old man who had alleged that his father had illegally confined him following his conversion to Islam and his relationship with a Muslim woman.

Ayush Malik told a single-judge Bench of Justice Sandeep Jain, hearing a habeas corpus petition, that he had embraced Islam of his own volition in 2014 and had accepted Chandni Qureshi as his partner. He said he had faced threats and had been held illegally by his father, Devraj Singh Malik, since June 4.

The court observed that the choice of a person with whom an adult wishes to establish a matrimonial relationship falls within the right to life and personal liberty under Article 21 of the Constitution. Such a choice, it said, cannot be curtailed simply because it runs contrary to the wishes of family members.

The Bench also invoked Article 25, stating that freedom of conscience and the right to freely profess, practise and propagate religion are guaranteed by the Constitution. It noted that Mr. Ayush had attained majority and was capable of taking decisions about his own life.

The petition was filed by Mohd. Sultan, who described himself as a friend of Mr. Ayush. It alleged that Mr. Ayush had converted without coercion, undue influence or inducement and had later decided to marry Ms. Qureshi, and that his father opposed the relationship.

Mr. Devraj disputed the allegations and told the court that his son had been influenced by certain individuals. The court said nothing had been placed on record to persuade it to disbelieve Mr. Ayush's statement.

After the conversion, police in Shamli district had registered a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 against Ms. Qureshi and her father. Both were arrested and spent months in jail before a Shamli court granted them bail on July 24.