Allahabad High Court: Orders Ayush Malik Production Amid Detention Claims

• The Allahabad High Court has ordered the production of 31-year-old Ayush Malik by September 16, following allegations of his illegal detention.
• Malik is reportedly being held by his father after converting to Islam and marrying a Muslim woman against his father's wishes.
• A habeas corpus petition, filed by Malik's friend Sultan, claims state authorities are complicit in facilitating this detention.
• The court noted prima facie evidence of Malik's voluntary conversion and deemed the allegations of illegal detention 'serious in nature'.
• Malik's father had previously filed an FIR against his son's wife and her relatives under the UP Anti-Conversion Act and sections of the Bharatiya Nyaya Sanhita.

The court underscored the gravity of the claims, particularly those suggesting state involvement in facilitating the alleged illegal detention, deeming them 'serious in nature' and warranting immediate judicial review.

The Allahabad High Court has issued a directive for the immediate production of 31-year-old Ayush Malik, who is reportedly being held against his will. The court's order, dated September 9, mandates that Uttar Pradesh authorities and Malik's father, Devraj Singh Malik, ensure his appearance before the bench on September 16. This significant intervention stems from a habeas corpus petition alleging Malik's illegal detention following his conversion to Islam and subsequent marriage to a Muslim woman.

Justice Sandeep Jain, presiding over the case, underscored the gravity of the claims, particularly those suggesting state involvement in facilitating the alleged illegal detention, deeming them 'serious in nature' and warranting immediate judicial review. The petition was brought forward by Sultan, a friend of Ayush Malik, who sought the court's intervention to secure his friend's release. The court's prompt action highlights its concern for personal liberty in circumstances involving interfaith relationships and alleged coercion.

According to the habeas corpus petition, Ayush Malik voluntarily renounced Hinduism and embraced Islam, asserting that his decision was free from any coercion, undue influence, or inducement. Following his conversion, he married Chandni Qureshi, a Muslim woman, a union that reportedly met with strong opposition from his father. The petition details that after the conversion and marriage, Malik's father lodged a First Information Report (FIR) against Chandni and her relatives on June 6, 2026, at Shamli police station.

The petitioners contend that this FIR is 'false and motivated,' serving as a pretext for Malik's alleged illegal detention. They claim that Ayush Malik is being deprived of his fundamental personal liberty and is currently held in his father's custody, with the alleged assistance of state machinery. Sultan informed the court that Ayush had personally reached out to him for help in securing his release from this purported illegal confinement. The High Court, after reviewing the submitted documents, noted that there was prima facie evidence suggesting Ayush's voluntary conversion and marriage against his father's wishes, though it refrained from making a final determination on the broader allegations.

The FIR lodged by Ayush Malik's father invoked several stringent legal provisions. These include Sections 5(1) and 3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, a law designed to prevent forced religious conversions. Additionally, the FIR cited multiple sections from the Bharatiya Nyaya Sanhita, specifically Sections 308(5), 351(3), 61(2), 338, 336(3), and 318(4).

The petitioners have strongly challenged the legitimacy of this FIR, alleging that it is not only baseless but also part of a concerted effort by state authorities, in collusion with Ayush's father, to facilitate and maintain his illegal detention. This challenge directly brings into question the application of both the state's anti-conversion law and the new criminal code in cases involving personal autonomy and religious freedom.

This case, titled Ayush Malik and Another v. State of U.P. and 3 Others, provides a critical precedent for lawyers handling habeas corpus petitions in India, especially those involving alleged illegal detention related to religious conversion and interfaith marriage. The Allahabad High Court's decisive action signals heightened judicial scrutiny of state and family involvement in such detentions, particularly concerning the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and the new Bharatiya Nyaya Sanhita.

The court's directive that if Ayush Malik is not produced on September 16, respondents 2 and 3 must file personal affidavits explaining the failure and detailing steps taken for his production, underscores the seriousness with which it views the allegations. This judicial oversight emphasizes the paramount importance of personal liberty and the right of individuals to make autonomous decisions regarding their faith and marital choices, even in the face of familial or societal opposition.

This case provides a critical precedent for lawyers handling habeas corpus petitions in India, especially those involving alleged illegal detention related to religious conversion and interfaith marriage. It signals judicial scrutiny of state and family involvement in such detentions, particularly concerning the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, and the new Bharatiya Nyaya Sanhita.

Source: Reporting based on recent court filings and news updates.