The Allahabad High Court has set at liberty a 31-year-old man, Ayush Malik, after interacting with him in person in a habeas corpus petition concerning allegations of unlawful confinement. Justice Sandeep Jain held that Ayush, being an adult capable of making decisions concerning his own life, was entitled to choose his faith, residence and life partner.
Background of the Case
The matter arose after the Court, by its order dated September 9, 2026, directed the State and respondent no. 4 to produce Ayush before it. He was subsequently produced by Sub-Inspector Ravi Dutt Sharma of Police Station Kotwali, Shamli.
During his interaction with the Court, Ayush stated that he had voluntarily embraced Islam in 2014. He specifically said that his decision was made of his own free will and without coercion, threat, undue influence or inducement.
He further told the Court that he intended to solemnize marriage with Chandni Qureshi. According to him, his religious choice and proposed marriage were not acceptable to his parents. An FIR was registered on June 6, 2026, against Chandni Qureshi and her relatives under provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and the Bharatiya Nyaya Sanhita.
Ayush also alleged that he had been subjected to threats and unlawful confinement and kept under house arrest from June 4, 2026. He maintained before the Court that he was not under any pressure and had independently chosen to profess and practise Islam.
The Court also heard Ayush’s father, Devraj Singh Malik. He disputed his son’s version and stated that Ayush had been influenced or “brainwashed” and had not voluntarily embraced Islam.
The father said his objection to Ayush’s religious choice and proposed marriage arose from his concern for his son’s welfare. Ayush, however, rejected these allegations and reiterated that his decisions had been taken voluntarily and after due deliberation.
Court’s Observation
After interacting with Ayush, the Court found that he had attained majority and was capable of making decisions concerning his own life. The Court noted that nothing had been brought on record to disbelieve his categorical statement regarding the voluntary nature of his choices.
The Court referred to Article 25 of the Constitution, which protects freedom of conscience and the right to profess, practise and propagate religion, subject to constitutional limitations. It also observed that an adult’s choice of a matrimonial partner falls within the protection of personal liberty under Article 21.
“A person who has attained majority is ordinarily entitled to determine his faith according to his own conscience. Such a choice, being an expression of individual autonomy and freedom of conscience, cannot be displaced merely because it is not acceptable to his family members.”
The Court further observed that family disagreement, by itself, cannot provide a lawful basis for curtailing an adult’s choice of whom to marry or with whom to establish a relationship.
Court’s Decision
The Court noted that Chandni Qureshi and her father, Islam Qureshi, had been arrested in connection with the FIR and were subsequently granted bail by the District and Sessions Judge, Shamli at Kairana, on July 24, 2026.
Justice Sandeep Jain held that once an adult clearly expresses his free will and choice before the Court, that choice is ordinarily entitled to respect unless it is shown to have been affected by circumstances recognised in law.
“In view of the aforesaid facts and circumstances, this Court finds no lawful justification for continuing any restraint upon the personal liberty of the corpus.”
The Court accordingly set Ayush Malik at liberty to reside at a place and with a person of his choice. It also permitted him to profess and practise the religion of his choice and to take an appropriate decision regarding his matrimonial relationship in accordance with law.
The habeas corpus petition was disposed of with these observations and directions.
Case Details
- Case Title: Ayush Malik And Another v. State Of U.P. And 3 Others
- Case Number: Habeas Corpus Writ Petition No. 1307 of 2026
- Judge: Hon’ble Sandeep Jain, J.
- Decision Date: September 16, 2026
