Prayagraj.
Allahabad High Court frees 31-year-old Ayush Malik. He told the court that he converted to Islam of his own free will and alleged that his father then threatened him and kept him in illegal detention. The bench of Justice Sandeep Jain, while hearing the 'Habeas Corpus' petition, said that an adult person generally has the right to choose his religion according to his conscience. This choice cannot be changed “just because it is not acceptable to his family”.
The court also said that the decision to choose a life partner is a matter of individual liberty and family disagreement, in itself, cannot be a legitimate ground to prevent such a choice. This 'Habeas Corpus' petition was filed by Ayush Malik's friend. It alleged that Malik was illegally detained by his father (Devraj Singh Malik) with the help of government officials.
On September 9, the High Court ordered government officials and Malik's father to produce him in court. The bench also observed that the allegations of illegal detention and alleged collusion of government officials are serious. Malik was produced in the court on Wednesday and Justice Jain talked to him. Malik told that he is about 31 years old and has done B.Pharma. He told the court that he had converted to Islam in 2014 of his own free will, without any coercion, threat, undue influence or inducement.
He further said that he is following the essential rules of Islam, although his parents and other family members do not approve of his decision. Malik also revealed that he wants to tie the knot with Chandni Qureshi, a decision which is not acceptable to his parents.
He alleged that thereafter he was threatened and illegally detained and kept under house arrest from June 4, 2026. He clearly told the court that there was no coercion, threat, undue influence or pressure on him and he freely decided to accept and practice Islam.
Malik's father, on the other hand, denied his son's allegations. He told the court that Malik was influenced or “brainwashed” and did not convert to Islam of his own free will. He said that he is concerned about his son's well-being, so he has reservations about his decision to convert to Islam or marry Chandni Qureshi.
The Court held that while exercising jurisdiction under Article 226, it should not replace the conscious choice made by an adult person as to what would be beneficial or right for him.
The court acknowledged that the father's concern about his son's well-being was understandable, but also said that such concern cannot override the constitutionally protected freedom of an adult person who is capable of taking decisions about his religion, place of residence and choice of life partner. Thus, finding no legal basis to continue any restrictions on Malik's personal liberty, the court set him free.