Smt. Kanchan Verma vs. State of U.P. and Ors.

While Kanchan Verma was leaving her workplace with Nasir Ali, a crowd gathered around as Verma’s family tried to stop her. The family reportedly opposed their relationship on the basis of religion. Verma and Nasir, a Hindu woman and a Muslim man, were detained under Section 151 of Cr.P.C. (“Arrest to prevent the commission of cognizable offences”). Verma filed a petition of habeas corpus claiming she was being wrongly detained. After a month in detention on the sub-divisional magistrate’s orders, the Allahabad High Court affirmed that her detention was unconstitutional and ordered her immediate release.

We are of the opinion that the liberty to move, mix, mingle, talk, share through company cannot be substantially curtailed and the action taken was totally violative of Article 21 of the Constitution. …[W]e are of the opinion that the action of the Sub-Divisional Magistrate was not only arbitrary but there was total deprivation of the personal liberty of the petitioner, which was issued without any authority of law.

Smt. Kanchan Verma vs. State of U.P. and Ors.2015(2)ACR1851