Prayagraj: The Allahabad High Court on Thursday directed the production of two adult women in a habeas corpus petition alleging that they were illegally confined by their father after voluntarily embracing Islam and expressing a desire to marry persons of their choice.Justice Sandeep Jain passed this order on the petition filed on behalf of Divya Bhatia alias Zoya Diya Bhatia and Anshu Bhatia alias Amina Anshu Bhatia from Agra.The women claimed that since they have chosen to act contrary to the wishes of their family, their father, in active connivance with the local police authorities, has illegally confined and restrained them.In this backdrop, the high court observed, “If these assertions are found to be correct, any interference by fourth respondent (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 then said, 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 the authorities to produce the women before the court and set them at liberty if it was found that they were under illegal detention.The court prima facie observed that being major, the women are competent to take independent decisions.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 Aug 6.Justice Jain has directed the state authorities and the women’s father to ensure their production.The court further ordered that if the women are not produced on the scheduled date, the police officers concerned and the father must file personal affidavits explaining the reasons for non-compliance. The affidavits must detail the bona fide and effective steps taken to secure their production and outline any additional measures proposed to ensure compliance with the court’s order.
