Sisters 'Detained' After Conversion To Islam: Allahabad High Court Stays Single Judge's ₹12.5 Lakh Compensation Direction Against UP Govt
LIVELAW NEWS NETWORK
9 Oct 2026 12:52 PM IST

The Allahabad High Court today stayed the Single Judge's August 2026 direction requiring the Uttar Pradesh Government to pay ₹12.5 lakh compensation to two adult sisters who were allegedly confined by their father after they converted from Hinduism to Islam.
A bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra, however, refused to interfere with the Single Judge's direction to release the sisters from their father's custody against their wishes.
However, the bench observed that the award appeared to have been passed without affording the State an opportunity on that aspect.
It may be noted that the Single Judge on August 6, 2026, ordered the father of 2 adult sisters and the Uttar Pradesh Government to jointly pay ₹25 lakh compensation after holding that the women were illegally confined at their parental home following their decision to convert from Hinduism to Islam.
The single judge had clarified that the amount would be divided equally between the father and the State Government.
The order further provided that, after satisfying the compensation award, the State Government could recover 50% of the compensation from the father and the remaining 50% from any delinquent public servant whose acts or omissions contributed to the unconstitutional deprivation of the sisters' liberty.
The order was passed while allowing a habeas corpus petition concerning Diya Bhatia @ Zoya Diya Bhatia (20) and Anshu Bhatia @ Amina Anshu Bhatia (35).
Both the petitioners had told the Court that they had voluntarily embraced Islam, Anshu in 2020 and Diya in 2021, out of their own faith, conscience, mental peace and spiritual solace.
They categorically denied that their decisions resulted from force, fraud, coercion, undue influence, inducement, or allurement.
They had alleged that their father subsequently confined them in the parental home against their wishes because of their decision to change their faith.
After interacting with both women, the Court had recorded that their responses were "spontaneous, coherent and unequivocal" and that nothing indicated either was acting under coercion, fear, inducement, or undue influence.
The Court held that both women, being majors, had full legal capacity to make decisions concerning their lives. Therefore, ordering their release, the Court also ordered compensation for the sisters within 8 weeks.
Read more about the order here : Allahabad High Court Orders ₹25 Lakh Compensation For 2 Sisters Illegally Confined By Father After Conversion To Islam
Challenging the order of the single judge, the State Government moved the High Court.
During today's hearing, Additional Advocate General Manish Goyal, appearing for the state, argued that although the matter was between private parties (father and daughters), the state was called upon to make submissions and was later saddled with costs.
"We supplied the material and then it is recorded that we didn't supply any material. That puts the state in an embarrassing position…State didn't have any locus, it was called upon and then, cost was imposed on it", he submitted.
On the other hand, Advocate Kaif Hassan, the counsel for the respondent-sisters, referred to the WhatsApp chats annexed to the petition and submitted that the sisters' detention was allegedly in connivance with the State authorities.
Advocate Hassan also relied on the Single Judge's findings regarding their illegal confinement.
Considering both parties' submissions, the Court said that, insofar as the substantive relief directing the release of the two sisters from their father's custody against their wishes was concerned, there was no reason to interfere with the order.
The Bench thus declined to interfere with the sisters' release.
However, on the compensation issue, the Division Bench observed that the Single Judge's award directive appeared to have been issued without affording the State an opportunity to address compensation.
"In that view of the matter, on the limited aspect of the award of compensation, issue notice", the Bench stated in the order.
The Court also directed that notice be issued to respondent No. 4 (Father).
In the meantime, the Bench ordered that the Single Judge's direction awarding ₹25 lakh compensation against the appellants (State) would remain stayed until further orders.

