Prayagraj (UP), Aug 1 Hearing a habeas corpus petition, the Allahabad High Court has directed that two adult sisters be produced before it on August 6 following claims that the duo had been illegally confined by their father after they voluntarily renounced Hinduism to embrace Islam and decided to marry persons of their choice.
Justice Sandeep Jain passed the order on the petition filed on behalf of Divya Bhatia alias Zoya Diya Bhatia and Anshu Bhatia alias Amina Anshu Bhatia.
According to the petition, the women chose to act contrary to the wishes of their father by embracing Islam and by deciding to marry persons of their own choice belonging to another faith, and their father, in active connivance with the local police authorities, has illegally confined and restrained them.
The court in its July 30 order observed, "If these assertions are ultimately found to be correct, any interference by respondent No.4 (father) or any other person in the exercise of such personal choices would amount to an unwarranted encroachment upon their constitutionally protected rights to dignity, privacy, personal liberty, and decisional autonomy."
The court said that it was its foremost duty to ascertain whether the women "are acting of their own free will or are under any form of illegal detention or restraint".
The petition sought a direction to authorities to produce the women before the court and set them at liberty if it was found that they were under illegal detention.
Having heard the plea, the court prima facie observed that being major, the women are competent to take independent decisions concerning their faith, marriage, residence and future course of life.
It further noted that the pleadings disclose that they voluntarily renounced Hinduism, embraced Islam and expressed a desire to solemnise marriage according to their own wishes.
Therefore, to interact with them directly and satisfy itself regarding the voluntariness of their decisions and the legality of their present custody, the bench sought their production on August 6.
