Overview

• At a special Saturday sitting, a bench of Justices Salil Kumar Rai and Divesh Chandra Samant declared the couple's detention since October 15 unlawful and a violation of Article 21, and set them at liberty.
• An Aligarh Judicial Magistrate on October 17 verified that the woman is a major and recorded her voluntary statement that she wished to be with her partner, with the High Court noting the marriage's validity was irrelevant to the habeas corpus decision.
• The couple told the court they were taken after leaving the High Court on October 15 by the woman's father and others with police assistance, with the woman sent to a One Stop Centre and the man held at a police station.
• The investigating officer was directed to escort the couple to their chosen destination, and the Prayagraj police commissioner along with the Aligarh and Bareilly SSPs were told to ensure their safety and prevent interference.
• The court directed the Aligarh SSP to conduct an inquiry into the detention, to file a report and appear on November 28, and said officers who failed to protect the couple's liberty are liable to departmental action.