Court Issues Notice to Father and State Authorities, Orders Production of Adult Son to Ascertain Legality of Detention
In a significant habeas corpus petition decided on September 9, 2026, the Allahabad High Court, led by Justice Sandeep Jain, intervened in a dispute involving alleged illegal detention of an adult individual, Ayush Malik, by his father with purported involvement of State authorities. The case arises after Ayush Malik, aged about 31 years, voluntarily converted from Hinduism to Islam and solemnized marriage with Chandni Qureshi against his father Devraj Singh Malik’s wishes.
The petitioners, represented by advocates Deepak Singh, Mohammad Khalid, and Umar Khalid, contended that the conversion and marriage were made without coercion or undue influence. However, Devraj Singh Malik lodged a First Information Report (FIR) under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and relevant provisions of the Bharatiya Nyaya Sanhita, 2023, accusing the wife of the corpus and her relatives of unlawful activities.
The petitioners further alleged that the father, in collusion with State officials, orchestrated the illegal detention of Ayush Malik, thereby infringing upon his personal liberty. The Court took these serious allegations prima facie on record after perusing the documents annexed with the petition.
Given the gravity of the claims, the Court issued notices to the father and directed the State authorities to produce Ayush Malik before the Court by September 16, 2026. The Court further ordered the authorities to file affidavits explaining any failure to comply with the production order.
This case underscores the judiciary’s vigilance in safeguarding individual liberties, especially concerning religious conversion and interfaith marriages, which remain sensitive issues in contemporary India. The Court’s intervention highlights the delicate balance between parental concerns and constitutional rights related to freedom of religion and personal liberty under Article 226 of the Constitution of India.
Bottom Line:
Habeas Corpus Petition - Alleged illegal detention of an adult individual by his father with the assistance of State authorities - Court directs production of the corpus before it to ascertain the facts.
Statutory provision(s):
Constitution of India, 1950 Article 226, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 Sections 3, 5(1), Bharatiya Nyaya Sanhita, 2023 Sections 308(5), 351(3), 61(2), 338, 336(3), 318(4)
Ayush Malik v. State of U.P., (Allahabad) : Law Finder Doc Id # 2976017
